September 28, 2007
Mr. Jerry Fazio
Owen & Fazio, P.C.
7557 Rambler Rd., Suite 1465
Dallas, TX 75231
Mr. Augustin Rivera Jr.
Dunn Weathered Coffey Rivera
Kaspertis & Rodriguez, P.C.
611 S. Upper Broadway
Corpus Christi, TX 78401
RE: Case Number: 07-0515
Court of Appeals Number: 13-07-00261-CV
Trial Court Number: 06-62795-2
Style: IN RE AMERICAN RETIREMENT CORPORATION AND PEGGY BRISGILL IN
HER CAPACITY AS MANAGER
Dear Counsel:
Today the Supreme Court of Texas granted the Motion for Stay of Trial
and issued the enclosed stay order in the above-referenced case. The
petition for writ of mandamus remains pending before this Court.
Pursuant to Tex. R. App. P. 55.1, you are requested to file briefs on
the merits in the above-styled case. Please refer to Tex. R. App. P. 55
for the requirements of relators' and real parties in interest briefs.
Please note that any party may elect to rely upon the briefs already on
file with this Court by notifying this office in writing no later than the
due date of the brief. If you elect to rely upon a brief filed with the
court of appeals, you must provide twelve copies in accordance with Tex. R.
App. P. 9.3(b). The filing of a notification letter shall invoke the same
timetable as the filing of a brief. The petition for writ of mandamus has
not been granted and remains under consideration by the Court.
The briefing schedule is outlined below. See Tex. R. App. P. 55.7.
Please note that Tex. R. App. P. 9.2(b) does not apply. All briefs are due
to be filed in this office on or before 3:00 p.m. on the due date:
Relator/s shall file their brief within thirty days of this date (on
or before October 29, 2007).
Real party/parties in interest shall file their response brief within
twenty days after receiving relator/s brief (no later than November
19, 2007).
Relator/s shall file any reply brief within fifteen days after
receiving real party/parties in interest brief (no later than December
4, 2007).
Additionally, the Court requests that parties submit a copy of all
briefs on the merits (including amicus and post-submission briefs) and the
respective petitions, responses, and replies - already on file - in
electronic form within ten (10) days of the date of this letter. Also,
please submit an electronic copy when filing the hard copies of any brief.
Please see the enclosed information for guidelines.
Sincerely,
[pic]
Blake A. Hawthorne, Clerk
by Claudia Jenks, Chief Deputy Clerk
Enclosures
| | |
SUPREME COURT OF TEXAS
INFORMATION ON SUBMISSION OF ELECTRONIC BRIEFING
In order to provide convenient access to briefs filed with the Supreme
Court of Texas, the Court posts electronic copies of briefs on its website
when it requests briefs on the merits. The Court requests that the parties
submit an electronic copy of all briefs on the merits (including amicus and
post-submission briefs) as well as the respective petitions, responses, and
replies that are already on file.
The Court asks the parties to comply with the following guidelines
when submitting eBriefs:
1. The Court prefers the use of searchable PDF files because files
in this format generally may not be altered. If this format is
not available to you, please use either Microsoft Word (up to
Word 2003/XP versions) or WordPerfect (versions 7 through X3).
Documents submitted as Word/WordPerfect documents will be
converted to searchable PDFs by the Clerk's office.
2. All eBriefs should be submitted either by email attachment or on
a CD.
NOTE: If you are emailing the eBrief and the file size is
greater than 5 MB, you will need to separate the document into
different files and email each file individually. Please
identify each file clearly by labeling the individual parts
(e.g. Appendix Part 1, Appendix Part 2, etc.).
3. Each email subject line or CD must include information or a
label which identifies the case style and the case number. In
addition, a Certificate of Compliance must accompany the
submission of all eBriefs. A copy of the Certificate of
Compliance is included with this letter. The Certificate of
Compliance is also available in both Word and PDF format on the
Supreme Court's Website at
http://www.supreme.courts.state.tx.us/ebriefs/ebriefs.asp.
4. The email attachment or CD must contain only an electronic copy
of the submitted filing. The email attachment or CD must not
contain any document or material that is not included in the
original hard copy of the filing with the Court.
5. The email attachment or CD must be free of viruses or any other
files that would be disruptive to the Court's computer system.
6. You may submit the eBrief(s) as an email attachment to the
following email address: scebriefs@courts.state.tx.us Email
attachments must not exceed 5 megabytes.
EBRIEF CERTIFICATE OF COMPLIANCE
At the request of the Supreme Court of Texas, I certify that this
submitted computer CD or email attachment complies with the following
requests of the Court:
1. 1. Information for eBrief(s) being submitted:
1. a. Case Style: _____________________________________________
2. b. Case Number: ___________________________________________
3. c. Type of Brief(s) (i.e. petition for review, response,
reply, petitioner's brief, respondent's brief, brief in reply,
amicus brief):
_____________________________________________________________
4. _____________________________________________________________
5. _____________________________________________________________
6. d. The Word Processing Software and Version Used to prepare
the eBrief(s):
__________________________________________________
7.
1. 2. This CD or email attachment contains only an electronic
copy of the original document which was filed in the Texas
Supreme Court Clerk's office and does not contain any document
or portion thereof that is not included in the original filing.
1.
2. 3. The electronic brief is free of viruses or any other files
that would be disruptive to the Court's computer system. The
following software, if any, was used to ensure the filing is
virus-free: _________________________________.
1.
2. 4. I understand that the attached eBrief(s) will be posted on
the Court's web site.
PLEASE NOTE: The submission of a brief in electronic format (eBrief) is not
considered a filing in this Court. All eBriefs submitted must have been
previously filed in compliance with the Texas Rules of Appellate Procedure.
_________________________________
(Signature of filing party and date)
________________________________
(Printed name)
_________________________________
(Firm)