ACCEPTED 03-16-00355-CV 11132544 THIRD COURT OF APPEALS AUSTIN, TEXAS 6/14/2016 11:58:04 AM JEFFREY D. KYLE CLERK

NO.03-16-00355-CV FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS IN THE COURT OF APPEALS 6/14/2016 11:58:04 AM FOR THE TIllRD DISTRICT JEFFREY D. KYLE AUSTIN, TEXAS Clerk

TEXAS OAKS rSYCHIATRIC HOSPITAL, L.P. d/b/a AUSTIN OAKS HOSPITAL Appellant vs. TINA THORPE Appellee

JOINT MOTION TO DISMISS

TO THE HONORABLE TIllRD COURT OF APPEALS: Pursuant to Texas Rule of Appellate Procedure 42.1, Appellant and Appellee file this joint motion to dismiss the appeal and would respectfully show this Court as follows: 1. The parties have reached an agreement to settle the underlying lawsuit. As a result, Appellant no longer wishes to pursue this appeaL 2. In accordance with their agreement, the parties jointly request that the Court grant this motion and dismiss the appeaL 3. In further accordance with their agreement, all taxable Court costs shall be paid by the party who incurred same.

Respectfully submitte~ EGGLESTON & BRISCOE, LLP 4800 Three Allen Center Clay Street Houston, Texas 77002 (713) 659-5100 - Telephone (713) 951-9920 -Facsimile

~212/(-=- David W. Smith State Bar No. 24027868 [email protected] ATTORNEYS FOR APPELLANT LAW OFFICES OF RICHARD PENA, P.C.

2211 South 1lI-35, Suite 300 Austin, Texas 78741 (512) 327-6884 - Telephone (512) 327-8354 - Facsimile

ATTORNEYS FOR APPELLEE

CERTIFICATE OF CONFERENCE I certify that I have conferred with Scott Vasquez, counsel for Appellee, and Appellee does not oppose dismissal and has joined this motion.

CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing instrument was served on the following counsel of record via electronic notification andlor facsimile on this the £L day of June 2016:

Scott Vasquez Law Offices of Richard Pena, P.C.

2211 South ill 35, Suite 300 Austin, Texas 78741

C4<;);~ David W. Smith