ACCEPTED 05-16-00999-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 1/30/2018 3:40 PM LISA MATZ CLERK

Katherine Elrich FILED IN 214.220.5287 | direct fax 214.220.5237 5th COURT OF APPEALS [email protected] DALLAS, TEXAS 1/30/2018 3:40:57 PM LISA MATZ Clerk January 30, 2018

Via E‐Filing Lisa Matz, Clerk of the Court Fifth District Court of Appeals George L. Allen, Sr. Courts Building Commerce Street, 2nd Floor Dallas, Texas 75202 Re: Case Number 05‐16‐00999‐CV; Daniel S. Barnett and Abovo Corp. v. Richard B.

Schiro Dear Ms. Matz: We are in receipt of Appellants Daniel S. Barnett and Abovo Corporation’s motion for rehearing filed with this Court on January 24, 2018. Appellee Richard B. Schiro writes to inform this Court that pursuant to Texas Rule 49.2 of Appellate Procedure, Mr. Schiro does not intend to file a response to the motion for rehearing unless this Court requests one. Mr. Schiro files this waiver of response only with the understanding that Appellants’ motion for rehearing will not be granted without this Court first requesting that a response be filed.

Should you have any questions, please do not hesitate to contact me. Sincerely,

Katherine Elrich KE/als/173428 cc: via e‐service & e‐mail: Charles W. McGarry Law Offices of Charles McGarry [email protected]

Attorneys & Counselors 1700 Pacific Avenue, Suite 3100, Dallas, Texas 75201 P: 214.220.5200 F: 214.220‐5299 cobbmartinez.com