IN THE THIRD COURT OF APPEALS 

NO. 03-15-00423-CV 

STAR OPERATIONS, INC. 

AND 

GREAT AMERICAN INSURANCE COMPANY OF NEW YORK 

Appellants 

vs. 

DIG TECH, INC. 

Appellee 

Appealed from the 22nd Judicial District Court 

Caldwell County, Texas 

UNOPPOSED MOTION TO DISMISS CROSS-APPEAL 

TO THE HONORABLE JUSTICES OF THE SAID COURT: 

COMES NOW Appellee/Cross-Appellant Dig Tech, Inc. ("Dig Tech") and 

files this Unopposed Motion to Dismiss Cross-Appeal and as grounds therefore 

would show this Court the following: 

1. On July 13, 2015, Dig Tech filed a notice of appeal regarding the 

single issue of the trial court's denial of prejudgment interest in the amount of 18% 

per annum under Texas Property Code§ 28.003. 

2. Dig Tech wishes to dismiss the cross-appeal on this single issue. No 

briefing has been filed by either party on this issue. All appellate costs related to 

this single cross-appeal issue should be borne by the party incurring them. 

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3995249vl/014338 

ACCEPTED

03-15-00423-CV

8068313

THIRD COURT OF APPEALS

AUSTIN, TEXAS

12/3/2015 10:36:21 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 12/3/2015 10:36:21 AM JEFFREY D. KYLE Clerk
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3. Counsel for Dig Tech (Mr. Langham) conferred with counsel for 

Appellants/Cross-Appellees (Mr. Robichaux) on November 23, 2015 and 

December 3, 2015, and Appellants/Cross-Appellees are unopposed to the relief 

sought in this motion. 

 WHEREFORE, PREMISES CONSIDERED, Dig Tech requests that the 

Court exercise its discretion to dismiss the instant cross-appeal and for such other 

and further relief to which Dig Tech may show itself justly entitled. 

 

 Respectfully submitted, 

 

By: /s/ Chanler A. Langham 

Brian D. Melton 

Texas State Bar No. 24010620 

bmelton@susmangodfrey.com

Chanler A. Langham 

Texas State Bar No. 24053314 

clangham@susmangodfrey.com

1000 Louisiana Street Suite 5100 

 Houston, TX 77002-5096 

 Telephone: (713) 651-9366 

 

ATTORNEYS FOR APPELLEE AND 

CROSS-APPELLANT DIG TECH, INC. 

 
CERTIFICATE OF CONFERENCE 

I certify that on November 23, 2015 and December 3, 2015, Counsel for Dig 

Tech (Mr. Langham) conferred via email with counsel for Appellants/CrossAppellees (Mr. Robichaux), and Appellants/Cross-Appellees are unopposed to the 

relief sought in this motion. 

Isl Chanler A. Langham 

Chanler A. Langham 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing has been forwarded to counsel of record in 

accordance with the applicable Tex. R. Civ. P. as listed below on this the 3rd day 

of December, 2015. 

Jam es H. Robichaux 

Clinton W. Twaddell, III 

BRANSCOMBIPC 

802 N. Carancahua, Suite 1900 

Corpus Christi, TX 78401-0036 

Telephone: 361/886-3800 

Telecopier: 361/886-3805 

ATTORNEYS FOR APPELLANTS AND CROSS-APPELLEES 

STAR OPERATIONS, INC. AND GREAT AMERICAN INSURANCE 

COMP ANY OF NEW YORK 

Isl Chanler A. Langham 

Chanler A. Langham 

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3995249vl/014338 
VERIFICATION 

STATE OF TEXAS § 

COUNTY OF HARRIS § 

BEFORE ME, the undersigned authority, on this day personally appeared 

CHANLER A. LANGHAM, who being by me first duly sworn upon his oath 

deposed and stated the following: 

"My name is CHANLER A. LANGHAM. I am the attorney of record in the 

trial court below for the Appellants and am the lead counsel on appeal for 

Appellee/Cross-Appellant Dig Tech, Inc. I have read the foregoing Unopposed 

Motion to Dismiss Cross-Appeal and state that the statements contained m 

paragraphs 1-3 are within my personal knowledge and true and correct." 

SWORN AND SUBSCRIBED TO BEFORE ME, which witness my hand 

and seal of office, by the said CHANLER A. LANGHAM on the 3rd day of 

December, 2015. 

(SEAL) 

Not ry Public, State of TEXAS 

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