Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 2/18/2015 8:27:53 AM JEFFREY D. KYLE Clerk No. 03-14-00660-CV THIRD COURT OF APPEALS 2/18/2015 8:27:53 AM JEFFREY D. KYLE 03-14-00660-CV AUSTIN, TEXAS *1 ACCEPTED ^[4186251] CLERK

I N THE

T HIRD D ISTRICT C OURT OF A PPEALS

AT A USTIN , T EXAS RAIG Z GABAY AND T AMMY Z GABAY , Appellants

v.

NBRC P ROPERTY O WNERS A SSOCIATION ,

Appellee Appeal from the 433rd Judicial District Court,

Comal County, Texas, Cause No. C2014-0501C A PPELLEE ’ S R ESPONSE TO M OTION FOR L EAVE TO F ILE A MENDED R EPLY

State Bar No. 14982300 Thompson, Coe, Cousins & Irons, LLP E-mail: tnewton@asdh.com

E-mail: wcrosnoe@thompsoncoe.com

Counsel for Appellee NBRC Property Owners Association

Appellee NBRC Property Owners Association (“the Association”) files this

Response to Appellants’ Motion for Leave to File Amended Reply and would

respectfully show:

The Association would not normally have any objection to the Zgabays

filing an Amended Reply Brief when, as here, the amended brief was filed within

the original filing deadline for the brief. As explained in Appellee’s Motion to

Strike Portions of Appellants’ Reply Brief and Amended Reply Brief, however, the

Amended Reply Brief contains improper references to evidence outside the

appellate record. The Association incorporates that Motion to Strike, which was

filed on February 11, 2015, by reference. For the reasons explained in that motion,

the Court should deny Appellants’ Motion for Leave to File Amended Reply.

Respectfully submitted,

THOMPSON, COE, COUSINS & IRONS,

L.L.P.

By: /s/ Wade Crosnoe

E-Mail: wcrosnoe@thompsoncoe.com

bhensley@thompsoncoe.com

E-Mail: tnewton@asdh.com

Counsel for Appellee NBRC Property Owners

Association ERTIFICATE OF S ERVICE

I certify that a true and correct copy of this response was served via

electronic service or by email, to the following counsel on February 18, 2015:

J. Patrick Sutton

1706 W. 10th Street

Austin, Texas 78703

E-Mail: jpatricksutton@jpatricksuttonlaw.com

Counsel for Appellants

/s/ Wade Crosnoe

Wade Crosnoe