Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 4/30/2015 4:34:34 PM JEFFREY D. KYLE Clerk CASE NO. 03-13-00336-CV THIRD COURT OF APPEALS 4/30/2015 4:34:34 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-13-00336-CV *1 ACCEPTED [5108375] CLERK
IN THE COURT OF APPEALS
THIRD COURT OF APPEALS DISTRICT
AUSTIN, TEXAS ______________________________________________________________
R.D. TIPS, INC., Appellant v.
VIRGINIA JETT, Appellee ______________________________________________________________
Appeal from the 419 th District Court, Travis County, Texas
Trial Court Cause No. D-1-GN-11-003799
Hon. Rhonda Hurley, Judge Presiding
______________________________________________________________
APPELLEE’S MOTION TO EXPEDITE THE MANDATE
______________________________________________________________
Virginia Jett, Appellee, moves the Court to expedite the issuance of the
mandate to the trial court pursuant to Tex. R. App. P. 18.1(c), and would
respectfully show the Court as follows:
Background The District Court rendered judgment against R.D. Tips, Inc., Appellant, on
February 11, 2013. Briefing before this Court was completed on November 21,
2013. The Court denied Appellant’s request for oral argument. On April 9, 2013,
the Court unanimously affirmed the District Court’s judgment. A Motion for
Rehearing was filed on April 24, 2015, and was denied on April 29, 2015.
Appellant has superseded the judgment. As a consequence, collection
efforts have been suspended for more than two years.
Argument & Authorities Ms. Jett is suffering from financial hardship and is in serious, immediate
need of the funds that have been owed to her since 2011.
Tex. R. App. P. 18.1(c) permits this Court to expedite the issuance of the
mandate in a case “for cause.” Cause is established here by the extreme economic
circumstances of the Appellee, who for more than two years has been in the
position of having a large judgment that is uncollectable due to the status of the
appeal.
Prayer For these reasons, Appellee asks that the Court grant this motion and
expedite the mandate to the trial court, and award Appellee such other and further
relief as to which she may be entitled.
Respectfully submitted,
T AUBE S UMMERS H ARRISON T AYLOR M EINZER B ROWN
By: /s/ Eric J. Taube
Eric J. Taube State Bar No. 19679350 etaube@taubesummers.com Douglas A. Fohn State Bar No. 24036578 dfohn@taubesummers.com Christopher G. Bradley State Bar No. 24069407 cbradley@taubesummers.com 100 Congress Avenue, Suite 1800
Austin, Texas 78701
Telephone: (512) 472-5997
Telecopier: (512) 472-5248
ATTORNEYS FOR APPELLEE VIRGINIA JETT
TEX. R. APP. P. 9.4(I)(3) CERTIFICATION
Pursuant to TEX. R. APP. P. 9.4, I hereby certify that this Motion contains
496 words. This is a computer-generated document created in Microsoft Word,
using 14-point typeface for all text. In making this certificate of compliance, I am
relying on the word count provided by the software used to prepare the document.
/s/ Eric J. Taube Eric J. Taube CERTIFICATE OF CONFERENCE
I certify that I have conferred with Jonathan D. Pauerstein, counsel to
Appellant, by email concerning the relief requested. He is opposed to the relief
requested.
/s/ Eric J. Taube Eric J. Taube CERTIFICATE OF SERVICE
The undersigned counsel certifies that this document was served via
telecopy on Appellant R.D. Tips, Inc.’s counsel on April 30, 2015.
Jonathan D. Pauerstein
R OSENTHAL P AUERSTEIN S ANDOLOSKI A GATHER LLP
755 East Mulberry, Suite 200
San Antonio, Texas 78212
(210) 225-5000 (Tel)
(210) 354-4034 (Fax)
jpauerstein@rpsalaw.com
/s/ Eric J. Taube Eric J. Taube