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

• Court: Court of Appeals of Texas
• Decided: May 5, 2015
• Docket: 03-15-00259-CV
• Status: Published

Opinion

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

2 AUS-6103822-1 521106/1 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

3 AUS-6103822-1 521106/1