Chris Bell v. Republican Governors Association

• Court: Court of Appeals of Texas
• Decided: February 12, 2015
• Docket: 03-15-00078-CV
• Status: Published

Opinion

ACCEPTED 03-15-00078-CV 4123248 THIRD COURT OF APPEALS AUSTIN, TEXAS 2/12/2015 11:02:51 AM JEFFREY D. KYLE CLERK

No. 03-15-00078-CV FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS IN THE 2/12/2015 11:02:51 AM THIRD COURT OF APPEALS JEFFREY D. KYLE AUSTIN, TEXAS Clerk ____________________________________________________________

CHRIS BELL, Appellant V. REPUBLICAN GOVERNORS ASSOCIATION, Appellee _____________________________________________________________

ON APPEAL FROM THE 261ST JUDICIAL DISTRICT COURT, TRAVIS COUNTY, TEXAS ______________________________________________________________

APPELLANT’S UNOPPOSED MOTION TO TRANSFER RECORDS ______________________________________________________________

TO THE HONORABLE THIRD COURT OF APPEALS:

Appellant, Chris Bell, 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-

10-00783-CV. That appeal resulted in a reversal and remand. In that appeal, there

was a clerk’s record and reporter’s record containing the entire proceedings, trial

record and exhibits. The appellate record in the first appeal should be made a part

of the record for this appeal. See Tex. R. App. P. 34.1. Following the Court’s

AUS-6063091-1 523389/1 remand to the 261st District Court, the trial court signed the Final Judgment that is

the subject of this new appeal. Appellant will request a supplemental clerk’s

record containing the new filings after remand.

Appellant therefore requests that the Court transfer the existing clerk’s

record and reporter’s record in Case No. 03-10-00783-CV to this appeal so that the

parties may refer to the previous record.

Respectfully submitted,

HUSCH BLACKWELL LLP

By /s/ Elizabeth G. Bloch ELIZABETH G. BLOCH State Bar No. 02495500 Heidi.bloch@huschblackwell.com THOMAS H. WATKINS State Bar No. 20928000 Tom.Watkins@huschblackwell.com 111 Congress Avenue, Suite 1400 Austin, Texas 78701-4093 (512) 472-5456 (Telephone) (512) 479-1101 (Facsimile)

ATTORNEYS FOR APPELLANT

AUS-6063091-1 523389/1 CERTIFICATE OF CONFERENCE

The undersigned certifies that she has consulted with Terry Scarborough, counsel for Appellee, and he has indicated that Appellee is not opposed to 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 12th day of February, 2015, via the Court’s electronic filing system and/or facsimile to the following:

Terry L. Scarborough (512) 482-6891 (fax) Hance Scarborough, LLP 111 Congress Ave., Suite 500 Austin, Texas 78701

/s/ Elizabeth G. Bloch

AUS-6063091-1 523389/1