David Penny v. El Patio, LLC D/B/A El Patio Motel

Court of Appeals of Texas

David Penny v. El Patio, LLC D/B/A El Patio Motel

DecidedMarch 12, 2015

Docket03-11-00420-CV

StatusPublished

This text of David Penny v. El Patio, LLC D/B/A El Patio Motel (David Penny v. El Patio, LLC D/B/A El Patio Motel) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

David Penny v. El Patio, LLC D/B/A El Patio Motel, (Tex. Ct. App. 2015).

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Opinion

ACCEPTED 03-11-00420-CV 4469436 THIRD COURT OF APPEALS AUSTIN, TEXAS GOSSETT, HARRISON, 3/12/2015 10:00:56 AM JEFFREY D. KYLE MILLICAN & STIPANOVIC CLERK A PROFESSIONAL CORPORATION ATTORNEYS AT LAW P.O. DRAWER 911 SAN ANGELO, TEXAS 76902-0911 FILED IN GREG GOSSETT* 3rd COURT OF APPEALS 2 S. KOENIGHEIM STREET GEORGE W. HARRISON** PAUL H. MILLICAN*** TELEPHONE (325) 653-3291 FAX (325) 655-6838 AUSTIN, TEXAS SAN ANGELO, TEXAS 76903

PAUL D. STIPANOVIC 3/12/2015________________________ 10:00:56 AM WESLEY M. GIESECKE BOARD CERTIFICATION IS JEFF CHANDLER JEFFREY BY THED. KYLE TEXAS BOARD OF KEN GREER, JR. (of counsel)**** ClerkSPECIALIZATION LEGAL *BOARD CERTIFIED - COMMERCIAL REAL ESTATE LAW **BOARD CERTIFIED - RESIDENTIAL AND FARM AND RANCH REAL ESTATE LAW ***BOARD CERTIFIED - TAX LAW AND ESTATE PLANNING AND PROBATE LAW ****BOARD CERTIFIED – COMMERCIAL AND RESIDENTIAL REAL ESTATE LAW, FARM & RANCH REAL REAL ESTATE LAW, AND OIL, GAS & MINERAL LAW

March 9, 2015

Liz Talerico, Deputy Clerk Court of Appeals P.O. Box 12547 Austin, TX 78711-2547

RE: Court of Appeals Number: 03-11-00420-CV Trial Court Case Number: B-09-0977-C

David Penny v. El Patio, LLC dba El Patio Motel

Dear Ms. Talerico:

I am in receipt of your letter dated February 27, 2015 advising of the setting of the above case for April 9, 2015 at 8:30 a.m. in San Angelo, Texas. Please be advised that I intend to argue this case before the Court. I have received a telephone call from Mr. Stephen H. Nickey, attorney for Appellee, who was not certain as to the effect of your statement that argument would be limited to 20 minutes for Appellant and for Appellee. I assume both Appellant and Appellee would each have 20 minutes, but Mr. Nickey would appreciate a confirmation of that.

With warmest regards, I remain

Very truly yours,

GOSSETT, HARRISON, MILLICAN & STIPANOVIC, P.C.

/s/ Greg Gossett /s/

Greg Gossett GG/nc F:\Greg\CLIENTS\Blue Castle\Appeal\deputy clerk let re setting.doc xc: Mr. Stephen H. Nickey Attorney at Law 1201 North Mesa St., Suite B El Paso, TX 79902-4000

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ACCEPTED 03-11-00420-CV 4469436 THIRD COURT OF APPEALS AUSTIN, TEXAS GOSSETT, HARRISON, 3/12/2015 10:00:56 AM JEFFREY D. KYLE MILLICAN & STIPANOVIC CLERK A PROFESSIONAL CORPORATION ATTORNEYS AT LAW P.O. DRAWER 911 SAN ANGELO, TEXAS 76902-0911 FILED IN GREG GOSSETT* 3rd COURT OF APPEALS 2 S. KOENIGHEIM STREET GEORGE W. HARRISON** PAUL H. MILLICAN*** TELEPHONE (325) 653-3291 FAX (325) 655-6838 AUSTIN, TEXAS SAN ANGELO, TEXAS 76903

PAUL D. STIPANOVIC 3/12/2015________________________ 10:00:56 AM WESLEY M. GIESECKE BOARD CERTIFICATION IS JEFF CHANDLER JEFFREY BY THED. KYLE TEXAS BOARD OF KEN GREER, JR. (of counsel)**** ClerkSPECIALIZATION LEGAL *BOARD CERTIFIED - COMMERCIAL REAL ESTATE LAW **BOARD CERTIFIED - RESIDENTIAL AND FARM AND RANCH REAL ESTATE LAW ***BOARD CERTIFIED - TAX LAW AND ESTATE PLANNING AND PROBATE LAW ****BOARD CERTIFIED – COMMERCIAL AND RESIDENTIAL REAL ESTATE LAW, FARM & RANCH REAL REAL ESTATE LAW, AND OIL, GAS & MINERAL LAW

March 9, 2015

Liz Talerico, Deputy Clerk Court of Appeals P.O. Box 12547 Austin, TX 78711-2547

RE: Court of Appeals Number: 03-11-00420-CV Trial Court Case Number: B-09-0977-C

David Penny v. El Patio, LLC dba El Patio Motel

Dear Ms. Talerico:

I am in receipt of your letter dated February 27, 2015 advising of the setting of the above case for April 9, 2015 at 8:30 a.m. in San Angelo, Texas. Please be advised that I intend to argue this case before the Court. I have received a telephone call from Mr. Stephen H. Nickey, attorney for Appellee, who was not certain as to the effect of your statement that argument would be limited to 20 minutes for Appellant and for Appellee. I assume both Appellant and Appellee would each have 20 minutes, but Mr. Nickey would appreciate a confirmation of that.

With warmest regards, I remain

Very truly yours,

GOSSETT, HARRISON, MILLICAN & STIPANOVIC, P.C.

/s/ Greg Gossett /s/

Greg Gossett GG/nc F:\Greg\CLIENTS\Blue Castle\Appeal\deputy clerk let re setting.doc xc: Mr. Stephen H. Nickey Attorney at Law 1201 North Mesa St., Suite B El Paso, TX 79902-4000

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David Penny v. El Patio, LLC D/B/A El Patio Motel, Counsel Stack Legal Research, https://law.counselstack.com/opinion/david-penny-v-el-patio-llc-dba-el-patio-motel-texapp-2015.