Michael Franzak v. Cielo Multi Family LLC D/B/A Cielo Apartments

Opinion

ACCEPTED 03-15-00249-CV 5268909 THIRD COURT OF APPEALS AUSTIN, TEXAS 5/13/2015 2:16:15 PM JEFFREY D. KYLE CLERK

NO. 03-15-00249-CV FILED IN IN THE THIRD COURT OF APPEALS 3rd COURT OF APPEALS AUSTIN, TEXAS AUSTIN, TEXAS 5/13/2015 2:16:15 PM JEFFREY D. KYLE Clerk

Michael Franzak, Appellant

v.

Cielo Multi Family LLC d/b/a Cielo Apartments, Appellee

CIELO'S RESPONSE TO FRANZAK'S MOTION TO EXPEDITE [MOTION TO STAY]

Cielo Multi Family LLC d/b/a Cielo Apartments (Cielo), Appellee, responds to the

Motion to Expedite filed by Michael Franzak (Franzak), Appellant, to point out false statements

made by Appellant in his Motion.

1. On May 8, 2015, Franzak filed a handwritten Motion to Expedite.

2. On the second page of the two page motion, Franzak made a representation and certification to the Court to the effect that he had spoken with counsel for Cielo about the Motion to Expedite. This is a false statement. Franzak never spoke with counsel for Cielo concerning such motion.

3. Franzak also falsely represented to the Court that counsel for CIELO did not oppose Franzak's Motion to Expedite. This is also a false statement. No such representation was ever made by counsel for Cielo to Franzak.

4. The Motion to Expedite has been dismissed as moot by this Court. Counsel for Cielo, however, felt it was necessary to bring to the Court's attention the fact that Franzak was making material misrepresentations to it, as summarized above.

[Signature Block on Following Page] Respectfully submitted,

WARREN LAW FIRM 1011 Westlake Drive Austin, Texas 78746 Telephone (512) 347-8777 Telecopier (512) 347-7999 wsw@wlftexas.com

By: WILLIAM S. WARREN Texas Bar No. 20890800 Attorney for Appellee

CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing has been served on the parties listed below:

Via First Class Mail Michael Franzak 3501 Ranch Road 620 South, Apt #19104 Austin, Texas 78738

SERVED on the

WILLIAM S. WARREN