*0 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 03/2/2015 2:34:31 PM KEITH E. HOTTLE Clerk *1 ACCEPTED 04-14-00824-cv FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 3/2/2015 2:34:31 PM KEITH HOTTLE CLERK

C AROLE K ING B OYD

ATTORNEY AT LAW

15751 HIGHWAY 16 NORTH

MEDINA, TEXAS 78055

TEL: (830) 589-7587

FAX: (830) 589-7598

March 2, 2015

Court of Appeal

Fourth Court of Appeals District

Cadena-Reeves Justice Center

300 Dolorosa, Suite 3200

San Antonio, Texas 78205-3037

Attention: Keith E. Hottle, Clerk

Re: Court of Appeals Numbers: 04-15-0006-CV

04-14-00824-CV

Trial Court Case No.: CV-13-0200356

Style: Robert Tyson et als. v. Robert N. Freeman II et als.

Dear Mr. Hottle:

I was informed by the court that a second appeal needed to be filed and fee paid

since the individual defendants in the underlying case were all severed from the suit. The

three defendants are all agents of the corporate defendant in the district court

case, and were severed by the court, not because they required a separate litigation

independent from the main case, but solely to make the judgments final for appeal

purposes. My initial appeal encompassed all three defendants. I cannot

determine what the second appeal would achieve or which defendants it would include,

nor has the court been able to give me this information. These defendants are not

autonomous or unrelated. They all worked together and all of the same facts and

circumstances apply to each of them. Boren and Yeates were agents of the

corporation, taking direction from Freeman, the manager. There would be no benefit

to two separate appeals and additionally, it would work a financial hardship on

Appellants.

My motion for consolidation filed January 8th has had no disposition,

yet I received an Order stating that the fee for the second appeal is due today.

Please extend the time for payment until it is known whether a second appeal is

called for and my motion is decided. In the alternative, if I do not hear back from the

court today, I will send my check to the court for payment of the fee which I ask be held

until disposition of my motion.

I would very much appreciate the Court’s consideration in this matter, as the

appeal is being handled by me without charge to my clients. Even for them to pay an

additional appeals fee is a hardship for them.

Thank you for your kind attention to this matter.

Very truly yours,

Carole K. Boyd

CKB:hs

Cc: C. Dixon Mosty via e-filing

Stephen Schulte via e-filing