*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 5/13/2015 2:16:15 PM JEFFREY D. KYLE Clerk *1 ACCEPTED 03-15-00249-CV 5268909 THIRD COURT OF APPEALS AUSTIN, TEXAS 5/13/2015 2:16:15 PM JEFFREY D. KYLE CLERK

NO. 03-15-00249-CV

IN THE THIRD COURT OF APPEALS

AUSTIN, TEXAS

Michael Franzak, Appellant

v.

Cielo Multi Family LLC d/b/a Cielo Apartments, Appellee

CIELO'S RESPONSE TO FRANZAK'S MOTION TO EXPEDITE [MOTION TO STAY]

Cielo Multi Family LLC d/b/a Cielo Apartments (Cielo), Appellee, responds to the

Motion to Expedite filed by Michael Franzak (Franzak), Appellant, to point out false statements

made by Appellant in his Motion.

1. On May 8, 2015, Franzak filed a handwritten Motion to Expedite.

2. On the second page of the two page motion, Franzak made a representation and

certification to the Court to the effect that he had spoken with counsel for Cielo about the

Motion to Expedite. This is a false statement. Franzak never spoke with counsel for Cielo

concerning such motion.

3. Franzak also falsely represented to the Court that counsel for CIELO did not oppose

Franzak's Motion to Expedite. This is also a false statement. No such representation was

ever made by counsel for Cielo to Franzak.

4. The Motion to Expedite has been dismissed as moot by this Court. Counsel for Cielo,

however, felt it was necessary to bring to the Court's attention the fact that Franzak

was making material misrepresentations to it, as summarized above.

[Signature Block on Following Page]

Respectfully submitted,

WARREN LAW FIRM

1011 Westlake Drive

Austin, Texas 78746

Telephone (512) 347-8777

Telecopier (512) 347-7999

wsw@wlftexas.com

By:

WILLIAM S. WARREN

Texas Bar No. 20890800

Attorney for Appellee

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing has been served on the parties listed

below:

Via First Class Mail

Michael Franzak

3501 Ranch Road 620 South, Apt #19104

Austin, Texas 78738

SERVED on the

WILLIAM S. WARREN