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 ofthe trial court's denial ofprejudgment 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
.

1 3995249vl/014338 ACCEPTED 03-15-00423-CV 8068313 THIRD COURT OF APPEALS

AUSTIN, TEXAS 12/3/2015 10:36:21 AM JEFFREY D. KYLE

CLERK2 3995611v1/014338 

### 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 Techmay 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 reliefsought in this motion. Isl Chanler A. Langham Chanler A. Langham

CERTIFICATE OF SERVICE I hereby certify that the foregoing has been forwarded to counsel ofrecord in accordance with the applicable Tex. R. Civ. P. as listed below on this the 3rd day ofDecember, 2015.
James 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 COMPANY OF NEW YORK
Isl Chanler A. Langham Chanler A. Langham

3 3995249vl/014338VERIFICATION 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 ofrecord 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 ofTEXAS

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