Michael Franzak v. Cielo Multi Family LLC D/B/A Cielo Apartments

ACCEPTED
03-15-00249-CV
5268909
THIRD COURT OF APPEALS
AUSTIN, TEXAS
5/13/2015 2:16:15 PM
JEFFREY D. KYLE
CLERK

NO. 03-15-00249-CV
FILED IN
IN THE THIRD COURT OF APPEALS 3rd COURT OF APPEALS
AUSTIN, TEXAS
AUSTIN, TEXAS 5/13/2015 2:16:15 PM
JEFFREY D. KYLE
Clerk

Michael Franzak, Appellant

v.

Cielo Multi Family LLC d/b/a Cielo Apartments, Appellee

CIELO'S RESPONSE TO FRANZAK'S MOTION TO EXPEDITE [MOTION TO STAY]

Cielo Multi Family LLC d/b/a Cielo Apartments (Cielo), Appellee, responds to the

Motion to Expedite filed by Michael Franzak (Franzak), Appellant, to point out false statements

made by Appellant in his Motion.

1. On May 8, 2015, Franzak filed a handwritten Motion to Expedite.

2. On the second page of the two page motion, Franzak made a representation and
certification to the Court to the effect that he had spoken with counsel for Cielo about the
Motion to Expedite. This is a false statement. Franzak never spoke with counsel for Cielo
concerning such motion.

3. Franzak also falsely represented to the Court that counsel for CIELO did not oppose
Franzak's Motion to Expedite. This is also a false statement. No such representation was
ever made by counsel for Cielo to Franzak.

4. The Motion to Expedite has been dismissed as moot by this Court. Counsel for Cielo,
however, felt it was necessary to bring to the Court's attention the fact that Franzak
was making material misrepresentations to it, as summarized above.

[Signature Block on Following Page]
 Respectfully submitted,

WARREN LAW FIRM
1011 Westlake Drive
Austin, Texas 78746
Telephone (512) 347-8777
Telecopier (512) 347-7999
wsw@wlftexas.com

By:
WILLIAM S. WARREN
Texas Bar No. 20890800
Attorney for Appellee

CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing has been served on the parties listed
below:

Via First Class Mail
Michael Franzak
3501 Ranch Road 620 South, Apt #19104
Austin, Texas 78738

SERVED on the

WILLIAM S. WARREN