Chet Edward Cunningham v. Tara Michelle Cunningham

Opinion

ACCEPTED

03-15-00646-CV

7835663

THIRD COURT OF APPEALS

AUSTIN, TEXAS

11/16/2015 9:36:30 AM

JEFFREY D. KYLE

CLERK

IN THE THIRD DISTRICT COURT OF APPEALS FILED IN

AUSTIN, TEXAS 3rd COURT OF APPEALS AUSTIN, TEXAS

11/16/2015 9:36:30 AM

No. 03-15-00646-CV

JEFFREY D. KYLE

Clerk

CHET EDWARD CUNNINGHAM,

Appellant,

v.

TARA MICHELLE CUNNINGHAM, Appellee.

APPELLANT’S UNOPPOSED MOTION TO DISMISS

TO THE HONORABLE COURT OF APPEALS:

Pursuant to TEX. R. APP. P. 42.1(a)(1), Appellant Chet Edward Cunningham

files this Motion to Dismiss and moves the Court to dismiss the appeal.

1. Appellant timely perfected the appeal in this matter on October 12,

2015.

2. The parties have reached an agreement to refer this case to a private

judge. Appellant no longer wishes to pursue this appeal.

3. Appellant asks that costs be assessed against the party incurring them.

PRAYER FOR RELIEF

WHEREFORE, Appellant Chet Edward Cunningham respectfully requests

that this Court grant the Motion to Dismiss and enter an Order dismissing this

appeal and taxing costs against the party that incurred them.

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Respectfully submitted,

WEISBART SPRINGER HAYES LLP 212 Lavaca Street, Suite 200 Austin, Texas 78701 512.652.5780 512.682.2074 fax

By: /s/ Geoffrey Weisbart Geoffrey D. Weisbart State Bar No. 21102645 gweisbart@wshllp.com P. Bane Phillippi State Bar No. 24007843 bphillippi@wshllp.com

ATTORNEYS FOR CHET EDWARD CUNNINGHAM

CERTIFICATE OF CONFERENCE

The parties reached an agreement to withdraw the appeal which was reduced to an Order and filed with the Travis County District Court on November 13, 2015. As such, Appellee is unopposed to the relief requested herein.

/s/ Geoffrey Weisbart Geoffrey Weisbart

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CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document has been forwarded to all counsel of record herein by way of:

U.S. Mail, First Class Certified Mail Facsimile Federal Express Hand Delivery E-Service

on this 16th day of November, 2015, to wit:

Jeana A. Lungwitz Domestic Violence Clinic University of Texas School of Law 727 E. Dean Keeton Street Austin, Texas 78705 512.232.1358 512.232.9171 Fax jlungwitz@law.utexas.edu

James “Jake” Gilbreath WALTERS GILBREATH, PLLC 1301 S. Capital of Texas Hwy., Suite C-120 Austin, Texas 78746 512.320.9160 800.285.7720 Fax jake@waltersgilbreath.com

/s/ Geoffrey Weisbart Geoffrey Weisbart