Frenkis Capriccio, Inc. and Gentjan Behaj v. Performance Food Groups, Inc. D/B/A Roma Dallas

• Court: Court of Appeals of Texas
• Decided: January 29, 2015
• Docket: 03-15-00016-CV
• Status: Published

Opinion

ACCEPTED 03-15-00016-CV 3948306 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/29/2015 1:08:11 PM JEFFREY D. KYLE CLERK NO. 03-15-00016-CV

__________________________________________________________________ FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS IN THE COURT OF APPEALS 1/29/2015 1:08:11 PM JEFFREY D. KYLE FOR THE THIRD DISTRICT AT AUSTIN Clerk __________________________________________________________________

FRENKIS CAPRICCIO, INC. and GENTJAN BEHAJ

Appellants (Defendants below)

vs.

PERFORMANCE GOOD GROUPS, INC. d/b/a ROMA DALLAS

Appellee (Plaintiff below)

__________________________________________________________________

APPELLANTS’ MOTION TO DISMISS THE APPEAL

__________________________________________________________________

TO THE HONORABLE THIRD COURT OF APPEEALS:

Frenkis Capriccio, Inc. and Gentjan Behaj, Appellants, pursuant to Rule 42.1

of the Texas Rules of Appellate Procedure, move to dismiss their appeal in this

case, and in support of such motion would show that Appellants and Appellee have

compromised and settled all issues in dispute between them in this matter. Wherefore, Appellants respectfully request that the Court dismiss this

appeal.

CERTIFICATE OF CONFERENCE

On January 28, 2015, I conferred with the attorney of record for the

Appellee and he stated that he had no objection object to the foregoing motion to

dismiss the appeal.

Respectfully submitted,

/s/ Greg Frazer__________________ Greg Frazer State Bar No. 07399500 106 East Sixth Street, Suite 900 Austin, Texas 78701 Phone: (512) 473-3670 Fax: (512) 322-5301 e-mail: greg@frazerlegal.com Attorney for Appellants CERTIFICATE OF SERVICE

I certify that on this 29th day of January, 2015, I served a copy of the

foregoing motion on the attorney of record for Appellees, Mr. Bill Malone, Jr., by

e-mail to Bill@billmalonelaw.com.

/s/Greg Frazer___________________ Greg Frazer