Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 12/4/2015 8:42:59 AM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00480-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 12/4/2015 8:42:59 AM CHRISTOPHER PRINE CLERK T H E H A L L L A W F I R M 530 Lovett Boulevard • Houston, Texas 77006 Telephone: (713) 942- 9600 • Facsimile: (713) 942 -9566 Benjamin L. Hall, III, Ph.D., J.D.
Board Certified Personal Injury Trial Law Board Certified Civil Trial Law
Texas Board of Legal Specialization
December 4, 2015
Via eFILE Hon. Christopher E. Prine
Clerk of the Court
First Court of Appeals
301 Fannin, Room 208
Houston, TX 77002
Re: Case No. 01-15-00480-CV; Metropolitan Theatre, LLC v. YES Prep Public Schools, Inc. ; On Appeal from Cause No. 2015-24030 in the 334 th Judicial District Court of Harris
County, Texas
Dear Mr. Prine,
The purpose of this letter, on behalf of Appellant Metropolitan Theatre, LLC (“Metropolitan”), is to respond to the letter brief filed on December 2, 2015, in the above
referenced appeal by Appellee YES Prep Public Schools, Inc. (“YES Prep”).
After reviewing YES Prep’s letter brief and the opinions cited therein, Metropolitan concedes that the cases it cited in support of its first reply point in its Reply Brief involving waiver
were indeed disapproved by the Texas Supreme Court in Rusk State Hosp. v. Black , 392 S.W.3d
88 (Tex. 2012). Metropolitan thus formally withdraws its waiver argument under Reply Point 1
in its Reply Brief. Counsel for Metropolitan further wishes to apologize to this Court, and to YES
Prep’s counsel, for his error in failing to discover Black’s disapproval of the cases cited under that
reply point.
Metropolitan nevertheless stands by its argument and authorities under Reply Point 2 in its Reply Brief.
Respectfully submitted, s/ William L. Van Fleet William L. Van Fleet II CC: Cameron P. Pope, Esq.