Craig Zgabay and Tammy Zgabay v. NBRC Property Owners Association

Opinion

ACCEPTED 03-14-00660-CV 4186251 THIRD COURT OF APPEALS AUSTIN, TEXAS 2/18/2015 8:27:53 AM JEFFREY D. KYLE CLERK No. 03-14-00660-CV

FILED IN 3rd COURT OF APPEALS IN THE AUSTIN, TEXAS THIRD DISTRICT COURT OF APPEALS 2/18/2015 8:27:53 AM AT AUSTIN, TEXAS JEFFREY D. KYLE Clerk

CRAIG ZGABAY AND TAMMY ZGABAY, Appellants

v.

NBRC PROPERTY OWNERS ASSOCIATION, Appellee

Appeal from the 433rd Judicial District Court, Comal County, Texas, Cause No. C2014-0501C

APPELLEE’S RESPONSE TO MOTION FOR LEAVE TO FILE AMENDED REPLY

Wade C. Crosnoe Tom L. Newton, Jr. State Bar No. 00783903 State Bar No. 14982300 Brian D. Hensley Allen, Stein & Durbin, P.C. State Bar No. 24036759 6243 IH-10 West, 7th Floor Thompson, Coe, Cousins & Irons, LLP P. O. Box 101507 701 Brazos, Suite 1500 San Antonio, Texas 78201 Austin, Texas 78701 Telephone: (210) 734-7488 Telephone: (512) 708-8200 Facsimile: (210) 738-8036 Facsimile: (512) 708-8777 E-mail: tnewton@asdh.com E-mail: wcrosnoe@thompsoncoe.com

Counsel for Appellee NBRC Property Owners Association

Appellee NBRC Property Owners Association (“the Association”) files this

Response to Appellants’ Motion for Leave to File Amended Reply and would

respectfully show:

The Association would not normally have any objection to the Zgabays

filing an Amended Reply Brief when, as here, the amended brief was filed within

the original filing deadline for the brief. As explained in Appellee’s Motion to

Strike Portions of Appellants’ Reply Brief and Amended Reply Brief, however, the

Amended Reply Brief contains improper references to evidence outside the

appellate record. The Association incorporates that Motion to Strike, which was

filed on February 11, 2015, by reference. For the reasons explained in that motion,

the Court should deny Appellants’ Motion for Leave to File Amended Reply.

Respectfully submitted,

THOMPSON, COE, COUSINS & IRONS, L.L.P.

By: /s/ Wade Crosnoe Wade C. Crosnoe State Bar No. 00783903 Brian D. Hensley State Bar No. 24036759

701 Brazos, Suite 1500 Austin, Texas 78701 Telephone: (512) 703-5078 Facsimile: (512) 708-8777 E-Mail: wcrosnoe@thompsoncoe.com bhensley@thompsoncoe.com

2

Tom L. Newton, Jr. State Bar No. 14982300 Allen, Stein & Durbin, P.C. 6243 IH-10 West, 7th Floor P. O. Box 101507 San Antonio, Texas 78201 Telephone: (210) 734-7488 Facsimile: (210) 738-8036 E-Mail: tnewton@asdh.com

Counsel for Appellee NBRC Property Owners Association

CERTIFICATE OF SERVICE

I certify that a true and correct copy of this response was served via electronic service or by email, to the following counsel on February 18, 2015:

J. Patrick Sutton 1706 W. 10th Street Austin, Texas 78703 E-Mail: jpatricksutton@jpatricksuttonlaw.com Counsel for Appellants

/s/ Wade Crosnoe Wade Crosnoe