ACCEPTED 03-17-00674-CV 21645432 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/5/2018 3:35 PM JEFFREY D. KYLE CLERK NO. 03-17-00674-CV IN THE COURT OF APPEALS FILED IN 3rd COURT OF APPEALS FOR THE THIRD JUDICIAL DISTRICT OF TEXAS AUSTIN, TEXAS AUSTIN, TEXAS 1/5/2018 3:35:24 PM JEFFREY D. KYLE Clerk CHAPPELL HILL CONSTRUCTION CO., Appellant vs. BLUEBONNET ELECTRIC COOPERATIVE, INC., Appellee On appeal from the 423rd Judicial District Court of Bastrop County, Texas Cause No. 423-4305 AGREED MOTION TO ABATE APPEAL PENDING MEDIATION Appellant Chappell Hill Construction Co. and Appellee Bluebonnet Electric Cooperative, Inc. respectfully move the Court to abate this appeal pending the parties’ agreed mediation, and in support thereof would respectfully show the Court the following: 1. Appellant filed its Notice of Appeal on October 13, 2017.

2. Appellant filed its brief on November 27, 2017.

3. The current deadline for Appellee to file its brief is January 8, 2018.

4. The parties to this appeal have agreed to proceed to mediation in the underlying cause and request that the Court abate this appeal for sixty (60) days.

5. The requested abatement is reasonable and appropriate given the parties’ agreement.

6. The parties certify that this Motion is brought in good faith and not for any improper purpose.

WHEREFORE, for the reasons stated herein, Appellant Chappell Hill Construction Co. and Appellee Bluebonnet Electric Cooperative, Inc. request that this Court grant the Motion, and abate this appeal for sixty (60) days from the date of entry of the Court’s order.

DATED: January 5, 2018 Respectfully submitted,

/s/ Steve Snelson* Steve Snelson State Bar No. 18794450 [email protected] Crystal Smith [email protected] GERSTLE, MINISSALE & SNELSON, LLP 4849 Greenville Avenue, Suite 150 Dallas, Texas 75206 214-368-6440 214-308-2026—Facsimile ATTORNEYS FOR APPELLANT CHAPPELL HILL CONSTRUCTION CO. *Electronically signed with permission

/s/ Zachary H. Bowman Charles J. Cain State Bar No. 00796292 [email protected] Zachary H. Bowman State Bar No. 24073944 [email protected] CAIN & SKARNULIS PLLC W. 15th Street, Suite 900 Austin, Texas 78701 512-477-5000 512-477-5011—Facsimile ATTORNEYS FOR APPELLEE CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing motion has been forwarded to all counsel of record in accordance with the Texas Rules of Appellate Procedure on this 5th day of January 2018, as follows: Method of Service Parties Counsel Electronic Service Defendant Marvin Klintworth Scott J. Scherr dba Brazos Site Work [email protected] Jason Reynal [email protected] PAYNE, MALECHECK, SCHERR, CAMPBELL & MOORE, P.C.

3850 Corporate Center Drive Bryan, Texas 77802 Electronic Service Defendant Chappell Hill Steve Snelson Construction Co. [email protected] Crystal Smith [email protected] GERSTLE, MINISSALE & SNELSON, LLP 4849 Greenville Avenue, Suite 150 Dallas, Texas 75206

/s/ Zachary H. Bowman Zachary H. Bowman