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

Opinion

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

AUS-6203057-1 521106/1 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)

2 AUS-6203057-1 521106/1 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

3 AUS-6203057-1 521106/1