Board of Adjustment of the City of San Antonio v. Michael and Theresa Hayes

Opinion

ACCEPTED

04-15-00021-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

3/6/2015 6:57:12 AM

KEITH HOTTLE

CLERK

FOURTH COURT OF APPEALS

San Antonio, Texas

FILED IN

No. 04-15-00021-CV 4th COURT OF APPEALS SAN ANTONIO, TEXAS 03/6/2015 6:57:12 AM

BOARD OF ADJUSTMENT OF THE CITY OF SAN ANTONIO, KEITH E. HOTTLE

Appellant Clerk

v.

Michael and Theresa HAYES, Appellees

From the County Court At Law No. 10, Bexar County, Texas Trial Court No. 2014CV00284 Honorable David J. Rodriguez, Judge Presiding

APPELLANT’S RESPONSE TO THE COURT’S ORDER

TO THE HONORABLE FOURTH COURT OF APPEALS:

Appellant, Board of Adjustment of the City of San Antonio, responds to the Court’s

Order dated February 26, 2015, as follows:

1. Appellant filed its notice of appeal on January 15, 2015.

2. On January 16, 2015, Appellant requested the clerk’s record and agreed to pay the

clerk’s fee. See attached letter.

3. Before filing the Notification of Late Record, the Clerk never advised Appellant that

the record had been completed and did not request payment of the clerk’s fee. Thus,

it is incorrect that an extension of time to file the clerk’s records was needed because

appellant failed to either make arrangements to pay the clerk’s fee or pay the fee.

4. On March 4, 2015, the Appellant contacted Clerk Daniel Cedar, Lead Operations

Clerk, and he advised that he was recently given the task to prepare the clerk’s

record, that the record had not been completed, and that it would not be ready until

March 10, 2015. That was the true reason he requested an extension of time.

5. It was not until March 5, 2015, that the clerk determined the correct amount of the

clerk’s fee for the preparation of the record, which was immediately paid. See

attached receipt.

Respectfully submitted,

LAW OFFICES OF ALBERT LÓPEZ 14310 Northbrook Dr., Suite 200 San Antonio, Texas 78232 Telephone: (210) 404-1983 Fax: (210) 404-1990

By: /s/ Albert López

ALBERT LÓPEZ State Bar No. 12562350 alopezoffice@gmail.com ATTORNEYS FOR THE BOARD OF ADJUSTMENT OF CITY OF SAN ANTONIO

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing instrument served pursuant to the rules upon David L. Earl, 745 East Mulberry, Mailbox 16, San Antonio, Texas 78212 on March 6, 2015.

/s/ Albert López Albert López