Case Information
*0 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 02/25/2015 4:50:05 PM KEITH E. HOTTLE Clerk *1 ACCEPTED 04-14-00124-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 2/25/2015 4:50:05 PM KEITH HOTTLE CLERK
No. 04-14-00124-CV
WESTFREIGHT SYSTEMS § IN THE COURT OF APPEALS
INC., Appellant, §
§
vs. §
§
JOHN MICHAEL HEUSTON, § FOURTH DISTRICT
individually and as dependent §
administrator of the ESTATE §
OF JUANA GARZA, deceased, §
and GERONIMO RODRIGUEZ, §
Appellees. § SAN ANTONIO, TEXAS
APPELLANT WESTFREIGHT’S MOTION FOR
LEAVE TO FILE SURREPLY
Westfreight Systems Inc., the appellant, asks the Court for leave to
file the surreply brief that Westfreight has submitted, via the e-filing system,
contemporaneously with this motion.
I.
Good cause exists for granting leave. The surreply brief addresses
contentions and authorities in Appellees’ reply brief, including some
contentions and authorities mentioned or fully discussed for the first time in
that brief. See also Surreply Brief , at 2-15 (surreply argument). Granting
leave to file the surreply will help focus the matters in dispute in this appeal.
Counsel for Westfreight has conferred with Counsel for Appellees and
confirmed that the requested leave is not opposed.
II.
Westfreight therefore asks that the Court grant leave to file the
surreply brief and that the Court direct its Clerk to file the surreply brief in
this case.
Respectfully submitted,
/s/ Brian Miller
Brian Miller
State Bar No. 24002607
R OYSTON R AYZOR
V ICKERY ILLIAMS
Frost Bank Plaza, Suite 1300
802 N. Carancahua
Corpus Christi, TX 78401
Tel. No. (361) 884-8808
Fax No. (361) 884-7261
E-mail: brian.miller@roystonlaw.com
Lead appellate counsel for appellant
Westfreight Systems Inc.
CERTIFICATE OF CONFERENCE
I certify that, on February 23, 2015, I conferred by telephone with
John Gsanger, lead appellate counsel for Appellees, and was advised that the
leave sought by this motion is not opposed.
*3 CERTIFICATE OF SERVICE
I certify that a true copy of this document was served via electronic
service (to registered users) and as shown below on February 25, 2014:
Via e-mail to Via e-mail to
jgsanger@edwardsfirm.com khood@fabregahood.com
John Blaise Gsanger Kevin L. Hood
T HE E DWARDS L AW F IRM F ABREGA H OOD L.L.P.
802 N. Carancahua St., Suite 1400 1800 St. James Pl., Suite 304
Corpus Christi, TX 78401 Houston, TX 77056
Lead appellate counsel for Plaintiffs Counsel for additional trial court
defendant National Oilwell Varco
L.P.
Via e-mail to dbright@swhhb.com Via e-mail to crkeener@aol.com
David Bright Craig R. Keener
S ICO HITE H OELSCHER C RAIG R. K EENER P.C.
H ARRIS B RAUGH 1005 Heights Blvd.
802 N. Carancahua St., Suite 900 Houston, TX 77092
Corpus Christi, TX 78401
Counsel for additional trial court
Additional appellate counsel for defendant National Oilwell Varco
Plaintiffs L.P.