Destry W. Kittman, Glendee Kittman and Martha S. Kittman v. W. Shane Kittman, Donald E. Arthur and Gwen B. Arthur

Opinion

ACCEPTED 03-12-00070-CV 8375668 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/28/2015 12:23:55 PM JEFFREY D. KYLE CLERK

No. 03-12-00070-CV FILED IN In the Third Court of Appeals 3rd COURT OF APPEALS AUSTIN, TEXAS

Austin, Texas 12/28/2015 12:23:55 PM JEFFREY D. KYLE Clerk

DESTRY KITTMAN, GLENDEE KITTMAN, AND MARTHA KITTMAN,

Appellants

V.

W. SHANE KITTMAN, DONALD E. ARTHUR, AND GWEN B. ARTHUR,

Appellees

APPEAL FROM CAUSE NO. 36643 33RD JUDICIAL DISTRICT OF BURNET COUNTY, TEXAS HON. GUILFORD L. JONES PRESIDING

AGREED, JOINT MOTON TO ABATE PENDING SETTLEMENT

TO THE HONORABLE THIRD COURT OF APPEALS:

The parties to this appeal, through their undersigned counsel of record, file

this agreed, joint motion to abate this appeal for 30 days to allow the parties to

reach and effectuate a settlement. The parties have conferred and have agreed to

this joint motion, and no party opposes the relief jointly requested in this motion.

The parties have entered into settlement negotiations that, if successful,

would resolve this matter without a decision from the Court. Upon any settlement,

the parties would file an agreed, joint motion for disposition pursuant to the terms of their agreement after the final settlement documents have been executed. The

parties bring this motion to advise the Court about their negotiations so the Court

will not expend further time or resources on this matter in the interim.

REQUEST FOR RELIEF

The parties jointly request that the Court abate this appeal for 30 days

pending conclusion of their anticipated settlement and the filing of an agreed, joint

motion for disposition pursuant to the terms of any agreement.

Respectfully submitted,

J. Bruce Bennett State Bar No. 02145500 Cardwell, Hart & Bennett LLP 807 Brazos, Suite 1001 Austin, Texas 7870 Telephone: (512)322-0011 Telecopier: (512)322-0808 Counsel for Appellants

/s/D. Todd Smith *~ D. Todd Smith State Bar No. 00797451 todd@appealsplus.com Smith Law Group LLLP 1250 Capital of Texas Hwy South Three Cielo Center, Suite 601 Austin, Texas 78746 Telephone: (512)439-3230 Telecopier: (512)439-3232 Counsel for Appellees CERTIFICATE OF SERVICE

On December 28, 2015, in compliance with Texas Rule of Appellate

Procedure 9.5, I served this document on the following counsel of record by e-

service, e-mail, and/or first-class United States mail:

J. Bruce Bennett CARDWELL, HART & BENNETT LLP 807 Brazos, Suite 1001 Austin, Texas 78701 Counsel for Appellants

/s/ D. Todd Smith D. Todd Smith