ACCEPTED 04-15-00514-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 11/23/2015 10:21:43 AM KEITH HOTTLE CLERK NO. 04-15-00514-CV FILED IN 4th COURT OF APPEALS IN THE COURT OF APPEALS SAN ANTONIO, TEXAS FOURTH COURT OF APPEALS DISTRICT 11/23/2015 10:21:43 AM KEITH E. HOTTLE SAN ANTONIO, TEXAS Clerk

SELECT BUILDING SYSTEMS, INC. AND TRI-BAR RANCH COMPANY, LTD., Appellants vs. ROBERTSON ELECTRIC, INC., Appellee

On Appeal from the 216th Judicial District Court Kendall County, Texas Cause No. 13-212

MOTION TO ABATE APPEAL TO FINALIZE SETTLEMENT AGREEMENTS

TO THE HONORABLE JUSTICES OF THE COURT: Appellants Select Building Systems, Inc. and Tri-Bar Ranch Company, Ltd. respectfully file this motion requesting that the Court stay the appeal to give the parties an opportunity to finalize settlement agreements. As good cause, Appellants would show the following: I.

Appellants’ principal briefs are currently due on November 25, 2015.

II.

Following informal settlement negotiations, the parties have agreed to settle their respective disputes. The preliminary agreements require compliance by December 31, 2015.

III.

Given that the parties have settled their disputes, Appellants request that the Court abate the appeal to give the parties the opportunity to finalize their respective settlement agreements. Once the settlement agreements are finalized, Appellants will file an appropriate motion with the Court to dispose of the appeal. See TEX. R. APP. P. 42.1.

IV.

The undersigned have conferred with lead counsel for Appellee Robertson Electric, Inc., Mr. Jimmie L. J. Brown, Jr., to determine if this motion would be opposed. Mr. Brown indicated that this motion would not be opposed.

WHEREFORE, PREMISES CONSIDERED, Appellants Select Building Systems, Inc. and Tri-Bar Ranch Company, Ltd. pray that this motion be granted and that the appeal be abated so that the parties may finalized their respective settlement agreements.

Respectfully submitted, /s/ Samuel V. Houston, III SAMUEL V. HOUSTON, III State Bar No. 24041135 HOUSTON DUNN, PLLC 4040 Broadway, Suite 440 San Antonio, Texas 78209 Telephone: (210) 775-0882 Facsimile: (210) 826-0075 [email protected] JOHN W. SLATES State Bar No. 00794646 COLBIE BRAZELL State Bar No. 24050157 SLATES HARWELL, LLP 1700 Pacific Avenue, Suite 3800 Dallas, Texas 75201-4761 Telephone: (469) 317-1000 Facsimile: (469) 317-1100 [email protected] [email protected] TOM C. CLARK State Bar No. 04298750 CLARK, MALOUF & WHITE, LLP 12222 Merit Drive, Suite 340 Dallas, Texas 75251 Telephone: (214) 559-4411 Facsimile: (214) 559-4466 [email protected]

CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document was served on November 23, 2015, electronically and/or by e-mail to: Jimmie L. J. Brown, Jr. Law Office of Jimmie L. J. Brown, Jr. 3102 Cherry Creek Drive Missouri City, Texas 77459 Email: [email protected]

/s/ Samuel V. Houston, III SAMUEL V. HOUSTON, III