Cycled Plastics, Ltd. Cycled Plastics Management, LLC Adam Mosier Michael Largent Kenneth Brimmer And HDI Plastics, Inc.// Brown Real Estate Ventures 5 v. Brown Real Estate Ventures 5// Cycled Plastics, Ltd. Cycled Plastics Management, LLC Adam Mosier Michael Largent Kenneth Brimmer And HDI Plastics, Inc.

Opinion

ACCEPTED

03-15-00461-CV

6423426

THIRD COURT OF APPEALS

AUSTIN, TEXAS

8/10/2015 12:25:31 PM

JEFFREY D. KYLE

CLERK

MICHAEL DEITCH mike.d@dhpc-law.com THE DEITCH LAW OFFICES TELEPHONE: 512/474-1554 BRIAN DEITCH TELECOPIER: 512/474-1579 brian@dhpc-law.com A PROFESSIONAL CORPORATION WEB SITE: www.dhpc-law.com 800 RIO GRANDE RECEIVED IN AUSTIN, TEXAS 78701 3rd COURT OF APPEALS AUSTIN, TEXASour file number 0710-139PM

8/10/2015 12:25:31

August 10, 2015

JEFFREY D. KYLE

Clerk

Clerk, Court of Appeals Third District of Texas P.O. Box 12547 Austin, Texas 78711-2547

RE: Court of Appeals Number: 03-15-00461-CV Trial Court Case Number: D-1-GN-12-000807

Dear Sir,

I represent the Appellee Brown Real Estate Ventures 5. I believe Appellants filed their notice of appeal prematurely. I would like to apprise the Court of the following filings in the trial court affecting the timetable to perfect an appeal in this matter.

May 28, 2015 Final Judgment signed June 17, 2015 Defendants requested Findings of Fact and Conclusions of Law on issue of Judge Naranjo striking jury award of attorney’s fees to Defendants

June 26, 2015 Plaintiff filed Motion to Modify and Correct Judgment under TRCP 329b(g)

June 26, 2015 Defendants’ filed Motion to Modify, Correct and Reform Judgment Striking Prevailing Defendants’ Attorney’s Fees under TUFTA June 26, 2015 Defendants filed notice of appeal July 7, 2015 Findings of Facts and Conclusions of Law signed by Judge Naranjo

August 4, 2015 Order Denying Plaintiff’s Motion to Modify and Correct Judgment under TRCP 329b(g) signed

August 4, 2015 Order Denying Defendants’ Motion to Modify, Correct and Reform Judgment Striking Prevailing Defendants’ Attorney’s Fees under TUFTA signed

August 7, 2015 Court of Appeals’ deadline to Appellants to pay filing fee and file docketing statement in letter to Appellants dated July 28, 2015

August 10, 2015 Page 2 Court of Appeals

As of this morning, I understand Appellants have not paid the filing fee or filed the docketing statement as required in the Court’s letter dated July 28, 2015. Based on the above filings in the trial court, I calculate the deadline to perfect an appeal to be August 26, 2015.

Thank you for your time and attention to this matter.

Sincerely,

/s/ Michael Deitch

Michael Deitch

MD/lbb cc: Client cc: M. Matthew Williams Hopkins & Williams, PLLC 12117 Bee Caves Road, Suite 260 Austin, Texas 78738 Via email to matt@hopkinswilliams.com and