                                                                                            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
