ACCEPTED
03-15-00259-CV
8208879
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/11/2015 4:44:19 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00259-CV FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
IN THE 12/11/2015 4:44:19 PM
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 MOTION TO
FILE POST-SUBMISSION LETTER BRIEF
______________________________________________________________
TO THE HONORABLE THIRD COURT OF APPEALS:
Appellant Becky, Ltd. (“Becky”) requests leave to file its post-submission
letter brief, which Appellant is filing contemporaneously with this motion. The
letter brief was prompted by a statement made at oral argument by counsel for
Appellees. Leave is appropriate to allow Becky to fully address the statement.
Becky is mindful that parties should not unnecessarily burden the Court with
post-submission filings. But Becky’s letter brief here addresses a critical issue in
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the case that was the subject of much discussion at oral argument, and it will assist
the panel in resolution of the case, without undue burden or delay. Good cause
therefore exists to allow leave to file the letter brief.
The undersigned attempted to contact counsel for Appellees by email but has
not received a response, and therefore, does not know if counsel opposes this
motion for leave. Becky will not oppose leave for Appellees to file any response
to the letter brief. Becky therefore requests that this Court grant leave to file
Becky’s post-submission letter brief.
WHEREFORE, Becky requests that this motion be granted, and that this
Court accept its submitted post-submission letter brief for filing and distribution to
Justices Puryear, Goodwin, and Bourland.
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)
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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
CERTIFICATE OF CONFERENCE
The undersigned certifies that she has attempted to contact Cobby Caputo
and Bradley Young, counsel for Appellees, via email, but has not received a
response.
/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 11th day of December, 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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