Page 1 of 6 

### NO. 03-14-00662-CV

IN THE THIRD DISTRICT

COURT OF APPEALS

AT AUSTIN, TEXAS

APPEAL IN CAUSE NO. D-1-GN-13-004148



### FROM THE 98th JUDICIAL DISTRICT COURT OF

TRAVIS COUNTY, TEXAS

JAMES R. COLLEY AS REPRESENTATIVE AND/OR

BENEFICIARY OF THE ESTATE OF

JAMES W. COLLEY, DECEASED,

AND AS REPRESENTATIVE AND/OR

BENEFICIARY OF THE ESTATE OF

DORTHA J. COLLEY, DECEASED

Appellant

VS.

BENNY J. WILLIAMS and GLORIA ANN QUIROZ

Appellees

Appellant’s Motion to Dismiss

LAW OFFICE OF JOHN F. CAMPBELL, P.C.

State Bar No. 03709000

4408 Spicewood Springs Road

Austin, Texas 78759

(512) 476-6036

(512) 343-9194 (Fax)

E-Mail: johncampbelllaw@yahoo.com

COUNSEL FOR APPELLANT ACCEPTED

03-14-00662-CV

3750163

THIRD COURT OF APPEALS

AUSTIN, TEXAS

1/13/2015 1:53:00 PM

JEFFREY D. KYLE

CLERKPage 2 of 6 NO. 03-14-00662-CV

JAMES R. COLLEY, INDIVIDUALLY, § IN THE THIRD DISTRICT

AS REPRESENTATIVE AND/OR §

BENEFICIARY OF THE ESTATE OF §

JAMES W. COLLEY, DECEASED, §

AND AS REPRESENTATIVE AND/OR §

BENEFICIARY OF THE ESTATE OF §

DORTHA J. COLLEY, DECEASED §

APPELLANT § COURT OF APPEAL

§

VS. §

§

BENNY J. WILLIAMS §

AND §

GLORIA ANN QUIROZ §

APPELLEES § AUSTIN, TEXAS



### Appellant’s Motion to Dismiss

Comes JAMES R. COLLEY, Appellant, and files this Motion to Dismiss and in support,

would show:

1. Notice of Appeal was filed on behalf of Appellant with the understanding that

Appellant would not be represented by his trial attorney in the appeal and that Appellant would

seek representation.

2. Appellant has determined, after further consideration, that the appeal is not

economically feasible and that the appeal should be dismissed.

3. Appellant does not desire to pursue the appeal and requests that it be dismissed.

WHEREFORE, Appellant requests that the Court dismiss this case.

Respectfully Submitted

LAW OFFICE OF JOHN F. CAMPBELL, P.C.

4408 Spicewood Springs Road

Austin, Texas 78759

(512) 476-6036

(512) 343-9194 (Fax)

By:____ /s/ John F. Campbell

____________ JOHN F. CAMPBELL

State Bar No. 03709000

Attorney for AppellantPage 3 of 6 Certificate of Service

I certify that a true copy of the above was served on each attorney of record or party in

accordance with the Texas Rules of Civil Procedure on the 12 th day of January, 2015:

John-Robert Skrabanek

SEGAL McCAMBRIDGE SINGER & MAHONEY, LTD.

100 Congress Avenue, Suite 800

Austin, Texas 78701

State Bar No. 24070631

Tele: 512-476-7834

Fax: 512-476-7832

E-Mail: jskrabanek@SMSM.com

Daniel R. Richards

RICHARDS RODRIGUEZ & SKEITH LLP

816 Congress Avenue, Suite 1200

Austin, Texas 78701

State Bar No. 00791520

Tele: 512-476-0005

Fax: 512-476-1513

E-Mail: drichards@rrsfirm.com

____ /s/ John F. Campbell

________________ JOHN F. CAMPBELLPage 4 of 6 

### NO. 03-14-00662-CV

I N T H E T H I R

D D I S T R I C T

C O U R T O F A P P E A L S

AT AUSTIN, TEXAS

APPEAL IN CAUSE NO. D-1-GN-13-004148



### FROM THE 98th JUDICIAL DISTRICT COURT OF

TRAVIS COUNTY, TEXAS

JAMES R. COLLEY AS REPRESENTATIVE AND/OR

BENEFICIARY OF THE ESTATE OF

JAMES W. COLLEY, DECEASED,

AND AS REPRESENTATIVE AND/OR

BENEFICIARY OF THE ESTATE OF

DORTHA J. COLLEY, DECEASED

Appellant

VS.

BENNY J. WILLIAMS and GLORIA ANN QUIROZ

Appellees

Appellant’s Certificate of Conference

LAW OFFICE OF JOHN F. CAMPBELL, P.C.

State Bar No. 03709000

4408 Spicewood Springs Road

Austin, Texas 78759

(512) 476-6036

(512) 343-9194 (Fax)

E-Mail: johncampbelllaw@yahoo.com

COUNSEL FOR APPELLANTPage 5 of 6 

### NO. 03-14-00662-CV

JAMES R. COLLEY, INDIVIDUALLY, § IN THE THIRD DISTRICT

AS REPRESENTATIVE AND/OR §

BENEFICIARY OF THE ESTATE OF §

JAMES W. COLLEY, DECEASED, §

AND AS REPRESENTATIVE AND/OR §

BENEFICIARY OF THE ESTATE OF §

DORTHA J. COLLEY, DECEASED §

APPELLANT § COURT OF APPEAL

§

VS. §

§

BENNY J. WILLIAMS §

AND §

GLORIA ANN QUIROZ §

APPELLEES § AUSTIN, TEXAS



### Appellant’s Certificate of Conference

I certify that I conferred with J. R. Skrabanek, attorney for Plaintiff/Appellee, and

discussed this case with him.

J. R. Skrabanek does not oppose the dismissal of this appeal.

Respectfully Submitted

LAW OFFICE OF JOHN F. CAMPBELL, P.C.

4408 Spicewood Springs Road

Austin, Texas 78759

(512) 476-6036

(512) 343-9194 (Fax)

By:____ /s/ John F. Campbell

__________________ JOHN F. CAMPBELL

State Bar No. 03709000

Attorney for Appellant

Certificate of Service

I certify that a true copy of the above was served on each attorney of record or party in

accordance with the Texas Rules of Civil Procedure on the 12 th day of January, 2015:Page 6 of 6

John-Robert Skrabanek

SEGAL McCAMBRIDGE SINGER & MAHONEY, LTD.

100 Congress Avenue, Suite 800

Austin, Texas 78701

State Bar No. 24070631

Tele: 512-476-7834

Fax: 512-476-7832

E-Mail: jskrabanek@SMSM.com

Daniel R. Richards

RICHARDS RODRIGUEZ & SKEITH LLP

816 Congress Avenue, Suite 1200

Austin, Texas 78701

State Bar No. 00791520

Tele: 512-476-0005

Fax: 512-476-1513

E-Mail: drichards@rrsfirm.com

____ /s/ John F. Campbell

_____________________ JOHN F. CAMPBELL

General/Colley,Jim\Appeal\MotDismiss&Cert(011315)