Bridget D. Elliot, Trustee of BC Trust v. Crosswater Yacht Club, L.P. Crosswater Yacht Club Management, L.L.C. Hurst Joint Venture, L.P. Hurst Harbor GP, L.L.C. MOF Hurst Harbor, L.P. And Suntex Ventures, L.L.C.

Opinion

ACCEPTED 03-15-00638-CV 7982309 THIRD COURT OF APPEALS AUSTIN, TEXAS 11/24/2015 5:46:04 PM JEFFREY D. KYLE CLERK No. 03-15-00638-CV

FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS IN THE COURT OF APPEAL 11/24/2015 5:46:04 PM FOR THE THIRD DISTRICT OF TEXAS JEFFREY D. KYLE Clerk AUSTIN, TEXAS _______________________________________________________________

Diane Crumley Dee, Dina Crumley White as Dependent Administrator Of Estate of Marie Barnes Crumley and Bridget D. Elliott As Trustee of BC Trust Appellants,

v.

Crosswater Yacht Club, L.P., Crosswater Yacht Club Management, L.L.C., And Harbor Ventures, Inc. Appellees.

________________________________________________________________

On Appeal from the 98th District Court Travis County, Texas Trial Court Cause No. D-1-GN-14-004489

UNOPPOSED MOTION FOR PARTIAL DISMISSAL OF APPEAL BY DIANE CRUMLEY DEE AND DINA CRUMLEY WHITE AS DEPENDENT ADMINISTRATOR OF THE ESTATE OF MARIE BARNES CRUMLEY

Donald E. Little TX Bar No. 24076191 506 Rolling Green Drive Lakeway, Texas 78734 Attorney for Appellants UNOPPOSED MOTION FOR PARTIAL DISMISSAL OF APPEAL

Appellants Diane Crumley Dee (“Dee”) and Dina Crumley White as

Dependent Administrator of Estate of Marie Barnes Crumley (“White”) file this

voluntary motion for partial dismissal of appeal pursuant to Rule 42.1 of the Texas

Rules of Appellate Procedure. This motion does not affect Appellant Bridget D.

Elliott as Trustee of BC Trust’s (“Elliot”) appeal.

Dee and White request that this Court dismiss their respective appeals.

Elliot is the proper representative of the BC Trust. See Exhibit “A.” This motion

will not prevent Elliot from seeking relief from this Court.

This motion will not prejudice the remaining parties. Dee and White’s

claims are identical to Elliot’s. Appellees do not oppose this motion. Appellees’

attorney Daniel C. Bitting has stated “I do not oppose a motion by Dee and White

to dismiss their appeal of the judgment based on the jury trial.”

Dee and White request that this Court dismiss their appeals, leaving Elliot as

the only remaining appellant.

Dated: November 24, 2015 Respectfully submitted,

“/S / Donald E. Little Donald E. Little (TX 24076191) Attorney for Contestant 506 Rolling Green Drive Austin, Texas 78734 Telephone – (435) 901-0333 donaldlittle1@msn.com CERTIFICATE OF CONFERENCE

On Wednesday, October 27, 2015, Appellants’ attorney conferred with

Appellee’s attorney Daniel Bitting regarding the above motion. Mr. Bitting stated

that he did not oppose the motion.

“/S/” Donald E. Little

CERTIFICATE OF SERVICE

This is to certify that on November 24, 2015, a true and correct copy of the

above pleading was served upon counsel below [ ] First Class mail, USPS postage

prepaid, [ x ] e-mailed, [ ] faxed, [ ] hand-delivered a true and correct copy of

the foregoing to:

“/S/” Donald E. Little No. 03-15-00638-CV

IN THE COURT OF APPEAL FOR THE THIRD DISTRICT OF TEXAS AUSTIN, TEXAS _______________________________________________________________

Diane Crumley Dee, Dina Crumley White as Dependent Administrator Of Estate of Marie Barnes Crumley and Bridget D. Elliott As Trustee of BC Trust Appellants,

Crosswater Yacht Club, L.P., Crosswater Yacht Club Management, L.L.C., And Harbor Ventures, Inc. Appellees.

________________________________________________________________

On Appeal from the 98th District Court Travis County, Texas Trial Court Cause No. D-1-GN-14-004489

ORDER

The appeals brought by Appellants Diane Crumley Dee and Dina Crumley

White as Dependent Administrator of Estate of Marie Barnes Crumley are hereby

dismissed. This order does not affect the appeal brought by Bridget D. Elliott as

Trustee of BC Trust.

November __, 2015

_____________________ EXHIBIT A