Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 5/5/2015 10:43:17 AM JEFFREY D. KYLE Clerk THIRD COURT OF APPEALS 5/5/2015 10:43:17 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00259-CV *1 ACCEPTED ^[5151738] CLERK No. 03-15-00259-CV

IN THE

THIRD COURT OF APPEALS

AUSTIN, TEXAS

____________________________________________________________

BECKY, LTD.,

Appellant V .

THE CITY OF CEDAR PARK, STEPHEN THOMAS, MATT POWELL, MITCH

FULLER, LYLE GRIMES, LOWELL MOORE, JON LUX, AND DON TRACY,

Appellees _____________________________________________________________

ON APPEAL FROM THE

126TH JUDICIAL DISTRICT COURT,

TRAVIS COUNTY, TEXAS

______________________________________________________________

APPELLANT’S UNOPPOSED MOTION TO

TRANSFER RECORDS

______________________________________________________________

TO THE HONORABLE THIRD COURT OF APPEALS:

Appellant, Becky, Ltd., files this Unopposed Motion to Transfer Records

and in support would respectfully show as follows:

This is the second appeal of this case. The first appeal was case number 03-

15-00071-CV. That appeal was voluntarily dismissed as premature since no final

judgment had yet been entered. Following the dismissal of the first appeal, the

trial court signed an order of severance, rendering the complained of order final

and prompting this new appeal.

Prior to dismissal of the first appeal, the trial court clerk filed a clerk’s

record. The clerk’s record in the first appeal should be made a part of the record

for this appeal. See T EX . R. A PP . P. 34.1. Appellant has requested a supplemental

clerk’s record containing the new filings after the first clerk’s record was prepared.

Appellant therefore requests that the Court transfer the existing clerk’s

record in Case No. 03-15-00071-CV to this appeal so that the parties may refer to

the previously filed record.

Respectfully submitted,

HUSCH BLACKWELL LLP

State Bar No. 02495500 Heidi.bloch@huschblackwell.com 111 Congress Avenue, Suite 1400 Austin, Texas 78701-4093 (512) 472-5456 (Telephone) (512) 479-1101 (Facsimile) Leonard B. Smith State Bar No. 18643100 lsmith@leonardsmithlaw.com P.O. Box 684633 (512) 914-3732 (Telephone) (512) 532-6446 (Facsimile) ATTORNEYS FOR APPELLANT *3 CERTIFICATE OF CONFERENCE

The undersigned certifies that she has consulted via email with counsel for

Appellees the City of Cedar Park and the individual Appellees, and they have

indicated that they do not oppose this motion.

/s/ Elizabeth G. Bloch CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document

was served on the Cinco de Mayo , 2015, via the Court’s electronic filing

system and/or email to the following counsel of record:

Cobby Caputo

ccaputo@bickerstaff.com

Bradley B. Young

byoung@bickerstaff.com

Bickerstaff Heath Delgado Acosta LLP

3711 South MoPac Expressway

Building One, Suite 300