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 RECONSIDER
[MOTION TO STAY]
Cielo Multi Family LLC d/b/a Cielo Apartments (Cielo), Appellee, responds to the
Motion to Reconsider filed by Michael Franzak (Franzak), Appellant, to point out false
statements made by Appellant in his Motion.
1. On May 11, 2015, Franzak filed a handwritten Motion to Reconsider.
2. On the third page of the three 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 Reconsider. 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 Reconsider. This is also a false statement. No such representation
was ever made by counsel for Cielo to Franzak.
4. The Motion to Reconsider has been denied 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
[LLIAM S. WARREN
Texas Bar No. 20890800
Attorneyfor 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 day of May, 2015
WILLIAM S. WARREN
Michael Franzak v. Cielo Multi Family LLC D/B/A Cielo Apartments
Combined Opinion