Buc-Ee's, Ltd. v. Head Country, LLC

Opinion

ACCEPTED 15-25-00146-CV 2121 North Pearl FIFTEENTH COURTStreet, Suite OF900APPEALS Dallas, TX 75201 AUSTIN, TEXAS +1 214-453-6500 +110/1/2025 214-453-6400 9:47 PM CHRISTOPHER A. PRINE CLERK LEELLE FILED IN SLIFER 15th COURT OF APPEALS AUSTIN, TEXAS Partner +1 214-453-6431 10/1/2025LSlifer@winston.com 9:47:06 PM October 1, 2025 CHRISTOPHER A. PRINE Clerk Christoper A. Prine, Clerk of Court Fifteenth Court of Appeals 300 W. 15th Street, Suite 607 Austin, Texas 78701

Re: No. 15-25-00146-CV, Buc-ee’s, Ltd. v. Head Country LLC

Dear Mr. Prine:

Appellee Head Country LLC (“Head Country”) objects to Plaintiff/ Appellant Buc-ee’s, Ltd. (“Buc-ee’s”) request that the Reporter’s Record be supplemented with materials irrelevant to this appeal. On August 19, 2025, an order was entered in No. 25-BC11A-0028, Buc-ee’s, Ltd. v. Head Country LLC, Texas Business Court, Eleventh Division, denying Buc-ee’s Application for a Temporary Injunction. On September 8, 2025, Buc-ee’s noticed this interlocutory appeal. Nearly a month later, on October 1, 2025, Buc-ee’s sent a request to the court reporter that the Reporter’s Record be supplemented with a transcript of a September 29, 2025, Status Conference between the parties. We object to Buc-ee’s request on the grounds of irrelevance and improper use of the Texas Rules of Appellate Procedure. 1

Under Texas Rule of Appellate Procedure 34.6(d), “if anything relevant is omitted from the reporter’s record” then a party may supplement that record. See Daniels v. Univ. of Tex. Health Sci. Ctr., 222 S.W.3d 4, 5 (Tex. App.—Tyler 2004, no pet.) (“If anything relevant is omitted from the reporter's record, Rule 34.6(d) permits the filing of a supplemental record containing the omitted items.”). This Court should not permit Buc-ee’s to supplement the Reporter’s Record because nothing “relevant” to whatever issues Buc-ee’s plans to raise on appeal occurred—or could have occurred—at the September 29, 2025, Status Conference. This appeal, after all, is from an August 2025 order. And Buc-ee’s noticed this appeal on September 8, 2025. Accordingly, all proceedings relevant to this appeal must have occurred by September 8, 2025. The plain language of Rule 34.6(d) contemplates supplementing the Reporter’s Record when something “relevant” to the appeal was left out. That has not happened. Accordingly, Head Country objects to Buc-ee’s request that the record be supplemented.

Sincerely,

LeElle Slifer

1 Head Country also reserves its objection to the inclusion of the transcript of the August 22, 2025, Status Conference in the Reporter’s Record and will seek appropriate relief regarding its inclusion at the proper time. Addressees October 1, 2025 Page 2

cc: All counsel of record Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Randi Marks on behalf of LeElle Slifer Bar No. 24074549 rmarks@winston.com Envelope ID: 106343852 Filing Code Description: Response Filing Description: Appellant's Objection to Supplement of Reporter's Record Status as of 10/2/2025 7:09 AM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Joel T.Towner jtowner@beckredden.com 10/1/2025 9:47:06 PM SENT

Geoff Gannaway ggannaway@beckredden.com 10/1/2025 9:47:06 PM SENT

Jason Fulton 24040936 jason.fulton@buc-ees.com 10/1/2025 9:47:06 PM SENT

LeElle Slifer 24074549 lslifer@winston.com 10/1/2025 9:47:06 PM SENT

Madison Haueisen 24115369 mhaueisen@winston.com 10/1/2025 9:47:06 PM SENT

Jervonne Newsome 24094869 jnewsome@winston.com 10/1/2025 9:47:06 PM SENT

Chris Dove cdove@beckredden.com 10/1/2025 9:47:06 PM SENT

Fariha Jawed fjawed@beckredden.com 10/1/2025 9:47:06 PM SENT