Case Information
*0 RECEIVED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 8/10/2015 12:25:31 PM JEFFREY D. KYLE Clerk
*1 ACCEPTED 03-15-00461-CV [6423426] THIRD COURT OF APPEALS AUSTIN, TEXAS 8/10/2015 12:25:31 PM JEFFREY D. KYLE CLERK MICHAEL DEITCH mike.d@dhpc-law.com THE DEITCH LAW OFFICES TELEPHONE: 512/474-1554 TELECOPIER: 512/474-1579 BRIAN DEITCH brian@dhpc-law.com A PROFESSIONAL CORPORATION WEB SITE: www.dhpc-law.com 800 RIO GRANDE AUSTIN, TEXAS 78701 our file number 0710-139
August 10, 2015 Clerk, Court of Appeals Third District of Texas P.O. Box 12547 Austin, Texas 78711-2547 RE: Court of Appeals Number: 03-15-00461-CV
Trial Court Case Number: D-1-GN-12-000807 Dear Sir,
I represent the Appellee Brown Real Estate Ventures 5. I believe Appellants filed their notice of appeal prematurely. I would like to apprise the Court of the following filings in the trial court affecting the timetable to perfect an appeal in this matter.
May 28, 2015 Final Judgment signed June 17, 2015 Defendants requested Findings of Fact and
Conclusions of Law on issue of Judge Naranjo striking jury award of attorney’s fees to Defendants
June 26, 2015 Plaintiff filed Motion to Modify and Correct Judgment under TRCP 329b(g) June 26, 2015 Defendants’ filed Motion to Modify, Correct and Reform Judgment Striking Prevailing Defendants’ Attorney’s Fees under TUFTA
June 26, 2015 Defendants filed notice of appeal July 7, 2015 Findings of Facts and Conclusions of Law
signed by Judge Naranjo August 4, 2015 Order Denying Plaintiff’s Motion to Modify and Correct Judgment under TRCP 329b(g) signed
August 4, 2015 Order Denying Defendants’ Motion to Modify, Correct and Reform Judgment Striking Prevailing Defendants’ Attorney’s Fees under TUFTA signed
August 7, 2015 Court of Appeals’ deadline to Appellants to pay filing fee and file docketing statement in letter to Appellants dated July 28, 2015
*2 August 10, 2015 Page 2 Court of Appeals As of this morning, I understand Appellants have not paid the filing fee or filed the docketing statement as required in the Court’s letter dated July 28, 2015. Based on the above filings in the trial court, I calculate the deadline to perfect an appeal to be August 26, 2015.
Thank you for your time and attention to this matter. Sincerely, /s/ Michael Deitch Michael Deitch
MD/lbb cc: Client cc: M. Matthew Williams Hopkins & Williams, PLLC
12117 Bee Caves Road, Suite 260 Austin, Texas 78738 Via email to matt@hopkinswilliams.com and