Craig Zgabay and Tammy Zgabay v. NBRC Property Owners Association

ACCEPTED
03-14-00660-CV
4186251
THIRD COURT OF APPEALS
AUSTIN, TEXAS
2/18/2015 8:27:53 AM
JEFFREY D. KYLE
CLERK
No. 03-14-00660-CV

FILED IN
3rd COURT OF APPEALS
IN THE AUSTIN, TEXAS
THIRD DISTRICT COURT OF APPEALS 2/18/2015 8:27:53 AM
AT AUSTIN, TEXAS JEFFREY D. KYLE
Clerk

CRAIG ZGABAY AND TAMMY ZGABAY,
Appellants

v.

NBRC PROPERTY OWNERS ASSOCIATION,
Appellee

Appeal from the 433rd Judicial District Court,
Comal County, Texas, Cause No. C2014-0501C

APPELLEE’S RESPONSE TO MOTION FOR LEAVE TO FILE AMENDED REPLY

Wade C. Crosnoe Tom L. Newton, Jr.
State Bar No. 00783903 State Bar No. 14982300
Brian D. Hensley Allen, Stein & Durbin, P.C.
State Bar No. 24036759 6243 IH-10 West, 7th Floor
Thompson, Coe, Cousins & Irons, LLP P. O. Box 101507
701 Brazos, Suite 1500 San Antonio, Texas 78201
Austin, Texas 78701 Telephone: (210) 734-7488
Telephone: (512) 708-8200 Facsimile: (210) 738-8036
Facsimile: (512) 708-8777 E-mail: tnewton@asdh.com
E-mail: wcrosnoe@thompsoncoe.com

Counsel for Appellee NBRC Property Owners Association
 Appellee NBRC Property Owners Association (“the Association”) files this

Response to Appellants’ Motion for Leave to File Amended Reply and would

respectfully show:

The Association would not normally have any objection to the Zgabays

filing an Amended Reply Brief when, as here, the amended brief was filed within

the original filing deadline for the brief. As explained in Appellee’s Motion to

Strike Portions of Appellants’ Reply Brief and Amended Reply Brief, however, the

Amended Reply Brief contains improper references to evidence outside the

appellate record. The Association incorporates that Motion to Strike, which was

filed on February 11, 2015, by reference. For the reasons explained in that motion,

the Court should deny Appellants’ Motion for Leave to File Amended Reply.

Respectfully submitted,

THOMPSON, COE, COUSINS & IRONS,
L.L.P.

By: /s/ Wade Crosnoe
Wade C. Crosnoe
State Bar No. 00783903
Brian D. Hensley
State Bar No. 24036759

701 Brazos, Suite 1500
Austin, Texas 78701
Telephone: (512) 703-5078
Facsimile: (512) 708-8777
E-Mail: wcrosnoe@thompsoncoe.com
bhensley@thompsoncoe.com

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 Tom L. Newton, Jr.
State Bar No. 14982300
Allen, Stein & Durbin, P.C.
6243 IH-10 West, 7th Floor
P. O. Box 101507
San Antonio, Texas 78201
Telephone: (210) 734-7488
Facsimile: (210) 738-8036
E-Mail: tnewton@asdh.com

Counsel for Appellee NBRC Property Owners
Association

CERTIFICATE OF SERVICE

I certify that a true and correct copy of this response was served via
electronic service or by email, to the following counsel on February 18, 2015:

J. Patrick Sutton
1706 W. 10th Street
Austin, Texas 78703
E-Mail: jpatricksutton@jpatricksuttonlaw.com
Counsel for Appellants

/s/ Wade Crosnoe
Wade Crosnoe

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