Becky, Ltd. v. the City of Cedar Park, Matt Powell, Stephen Thomas, Lyle Grimes, Lowell Moore, Jon Lux, and Don Tracy

ACCEPTED
03-15-00259-CV
5151738
THIRD COURT OF APPEALS
AUSTIN, TEXAS
5/5/2015 10:43:17 AM
JEFFREY D. KYLE
CLERK

No. 03-15-00259-CV FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
IN THE 5/5/2015 10:43:17 AM
THIRD COURT OF APPEALS JEFFREY D. KYLE
AUSTIN, TEXAS Clerk
____________________________________________________________

BECKY, LTD.,
Appellant

V.
THE CITY OF CEDAR PARK, STEPHEN THOMAS, MATT POWELL, MITCH
FULLER, LYLE GRIMES, LOWELL MOORE, JON LUX, AND DON TRACY,
Appellees
_____________________________________________________________

ON APPEAL FROM THE
126TH JUDICIAL DISTRICT COURT,
TRAVIS COUNTY, TEXAS
______________________________________________________________

APPELLANT’S UNOPPOSED MOTION TO
TRANSFER RECORDS
______________________________________________________________

TO THE HONORABLE THIRD COURT OF APPEALS:

Appellant, Becky, Ltd., files this Unopposed Motion to Transfer Records

and in support would respectfully show as follows:

This is the second appeal of this case. The first appeal was case number 03-

15-00071-CV. That appeal was voluntarily dismissed as premature since no final

judgment had yet been entered. Following the dismissal of the first appeal, the

AUS-6103822-1 521106/1
trial court signed an order of severance, rendering the complained of order final

and prompting this new appeal.

Prior to dismissal of the first appeal, the trial court clerk filed a clerk’s

record. The clerk’s record in the first appeal should be made a part of the record

for this appeal. See TEX. R. APP. P. 34.1. Appellant has requested a supplemental

clerk’s record containing the new filings after the first clerk’s record was prepared.

Appellant therefore requests that the Court transfer the existing clerk’s

record in Case No. 03-15-00071-CV to this appeal so that the parties may refer to

the previously filed record.

Respectfully submitted,

HUSCH BLACKWELL LLP

By /s/ Elizabeth G. Bloch
ELIZABETH G. BLOCH
State Bar No. 02495500
Heidi.bloch@huschblackwell.com
111 Congress Avenue, Suite 1400
Austin, Texas 78701-4093
(512) 472-5456 (Telephone)
(512) 479-1101 (Facsimile)

Leonard B. Smith
State Bar No. 18643100
lsmith@leonardsmithlaw.com
P.O. Box 684633
Austin, Texas 78768
(512) 914-3732 (Telephone)
(512) 532-6446 (Facsimile)

ATTORNEYS FOR APPELLANT

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 CERTIFICATE OF CONFERENCE

The undersigned certifies that she has consulted via email with counsel for
Appellees the City of Cedar Park and the individual Appellees, and they have
indicated that they do not oppose this motion.

/s/ Elizabeth G. Bloch
ELIZABETH G. BLOCH

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document
was served on the Cinco de Mayo, 2015, via the Court’s electronic filing
system and/or email to the following counsel of record:

Cobby Caputo
ccaputo@bickerstaff.com
Bradley B. Young
byoung@bickerstaff.com
Bickerstaff Heath Delgado Acosta LLP
3711 South MoPac Expressway
Building One, Suite 300
Austin, Texas 78746

/s/ Elizabeth G. Bloch

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