NO. 14-15-00788-CV

IN THE COURT OF APPEALS FOURTEENTH JUDICIAL DISTRICT HOUSTON, TEXAS

Bowen, Miclette & Britt Insurance Agency, LLC, Appellant,

v. Christopher Taylor, Appellee.

On appeal from the 295th Judicial Di strict Court of Harris County, Texas The Honorable Caroline Baker, Presiding Cause No. 2015-03943

APPELLANT’S UNOPPOSED MOTION TO ABATE APPEAL PENDING FI NALIZED SETTLEMENT

TO THE HONORABLE FOURTEEN TH COURT OF APPEALS: Appellant Bowen, Miclette & Britt In surance Agency, LLC (“BMB”) files this Unopposed Motion to Abate App eal Pending Finalized Settlement and requests the Court abate this appeal to allow time for the parties to finalize the settlement reached by the parties. BMB respectfully shows the Court as follows:

1. On August 17, 2015, BMB filed a notice of appeal of the trial court’s order denying BMB’s request for a tempor ary injunction. Since BMB filed its ACCEPTED 14-15-00788-CV FOURTEENTH COURT OF APPEALS

HOUSTON, TEXAS 10/1/2015 6:03:56 PM CHRISTOPHER PRINE

CLERK2 notice of appeal, the parties have reache d an informal settlement which would dispose of this appeal. The parties are cu rrently finalizing the settlement and it is anticipated the settlement will be finalized within the next thirty (30) days.

2. The Court has ordered the clerk’s reco rd for this appeal be filed by October 14, 2015 and the re porter’s record be filed by October 11, 2015. The

Court has also ordered BMB to file BMB’s docketing statement by October 1,

2015.

3. In order to preserve this Court’ s resources and avoid unnecessary expense by the parties, BMB requests the C ourt abate this appeal so the parties may finalize their settlement agreement. Once the settlement agreement is finalized, BMB will seek dismissal of this appeal. In the unlikely event the parties cannot finalize the settlement agreem ent, BMB will notify the Court.

4. BMB has conferred with Appell ee’s counsel, Mr. Craig Dillard, regarding the relief requested herein. Appellee is unopposed to an abatement of the instant appeal pending the parties’ fi nalization of their settlement agreement.

PRAYER For the above reasons, BMB respectfu lly requests the Court grant this motion and abate the present appeal pe nding finalization of the settlement agreement between the parties.3 Respectfully submitted, C HAMBERLAIN , H RDLICKA , W HITE , W ILLIAMS & A UGHTRY By: /s/ C. Larry Carbo, III William S. Helfand State Bar No. 09388250 bill.helfand@chamberlainlaw.com C. Larry Carbo, III State Bar No. 24031916 larry.carbo@chamberlainlaw.com Julie R. Offerman State Bar No. 24070360 julie.offerman@chamberlainlaw.com 1200 Smith Street, Suite 1400 Houston, Texas 77002 Telephone (713) 658-1818 Telecopy (713) 658-2553

A TTORNEYS F OR A PPELLANT4 CERTIFICATE OF CONFERENCE I hereby certify that the undersigned counsel for Appella nt conferred by email with Appellee’s counsel on Septem ber 30, 2015. Appe llee does not oppose abatement of this appeal.

/s/ C. Larry Carbo, III

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing motion has been served upon the following counsel of record via hand delivery, electronic submission, facsimile, and/or U.S. Ma il on this the October 1, 2015, to the following: Rachel Powitzky Steely Megan Jennings Batchelor Craig Dillard G ARDERE W YNNE S EWELL , LLP 1000 Louisiana, Suite 3400 Houston, Texas 77002 Fax: 713-276-5555 Email: rsteely@gardere.com Email: mbatchelor@gardere.com Email: cdillard@gardere.com

/s/ C. Larry Carbo, III