Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/1/2015 2:33:02 PM JEFFREY D. KYLE Clerk THIRD COURT OF APPEALS 7/1/2015 2:33:02 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-14-00131-CV *1 ACCEPTED [5902417] CLERK NO. 03-14-00131-CV THIRD COURT OF APPEALS AUSTIN, TEXAS ZBRANEK CUSTOM HOMES, LTD.
Appellant v.
JOE ALLBAUGH AND DIANE ALLBAUGH
Appellees Appealed from the 419th Judicial District Court of
Travis County, Texas __________________________________________________________________
UNOPPOSED MOTION FOR LEAVE TO FILE SUPPLEMENTAL BRIEF
OF APPELLEES JOE ALLBAUGH AND DIANE ALLBAUGH
__________________________________________________________________
Suzanne C. Radcliff Gregory S. Hudson
Texas Bar No. 24014420 State Bar No. 00790929
COZEN O’CONNOR COZEN O’CONNOR
1717 Main Street, Suite 3400 One Houston Center
Dallas, TX 75201 1221 McKinney Street, Suite 2900 Houston, Texas 77010 Telephone: (832) 214-3900
Email: scradcliff@cozen.com Facsimile: (832) 214-3905
Email: ghudson@cozen.com ATTORNEYS FOR APPELLEES
UNOPPOSED MOTION FOR LEAVE TO FILE SUPPLEMENTAL BRIEF
OF APPELLEES JOE AND DIANE ALLBAUGH
TO THE HONORABLE THIRD COURT OF APPEALS:
Appellees Joe and Diane Allbaugh [hereinafter “Appellees”] hereby file this
unopposed motion requesting this Court grant leave to file a supplemental
responsive brief, and in support thereof shows the Court as follows:
Timeline of Appeal Appellant’s Brief was filed September 8, 2014. Appellee’s Response Brief
was filed October 24, 2014. Appellant’s Reply Brief was filed November 13,
2014. The case was submitted on oral argument on January 28, 2015.
On June 5, 2015, Appellant filed its motion for leave to file a supplemental
brief based on a recent decision by the Texas Supreme Court in Gharda USA, Inc.
v. Control Solutions, Inc., No. 12-0987 (Tex. May 8, 2015). The motion for leave
was granted on June 5, 2015.
Appellees now seek leave to file a supplemental brief addressing the points
raised in Appellant’s brief and the Gharda case.
Prayer
WHEREFORE, PREMISES CONSIDERED , Appellees Joe and Diane
Allbaugh pray that this motion be granted and that they be granted leave to file a
supplemental brief, and for all other and further relief to which they are justly
entitled.
Respectfully submitted, COZEN O’CONNOR BY: /s/ Suzanne C. Radcliff Suzanne C. Radcliff Texas Bar No. 24014420 1717 Main Street, Suite 3400 Dallas, TX 75201 Email: scradcliff@cozen.com - And – Gregory S. Hudson Texas Bar No. 00790929 COZEN O’CONNOR One Houston Center 1221 McKinney Street Suite 2900 Houston, Texas 77010 Telephone: (832) 214-3900 Facsimile: (832) 214-3905 Email: ghudson@cozen.com ATTORNEYS FOR APPELLEES CERTIFICATE OF CONFERENCE
On June 30, 2015 he undersigned attorney for Appellees conferred with Erin
Westendorf, counsel for Appellant, who advised they are unopposed to the filing of
this Motion.
By: /s/ Suzanne C. Radcliff SUZANNE C. RADCLIFF *4 CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of this document was served
on the parties via Electronic Court Filing on this 30th day of June, 2015.
David E. Chamberlain
Tim Poteet
Erin Westendorf-Boyd
Chamberlain McHaney
301 Congress Avenue, 21st Floor
Austin, Texas 78701
Emails: dchamberlain@chmc-law.com
tpoteet@chmc-law.com
ewestendorf@chmc-law. com
Attorneys for Defendant Zbranek Custom Homes, Ltd.
By: /s/ Suzanne C. Radcliff Texas State Bar No. 24014420