Michael J. DeLitta And DeLCom Properties, LLC v. Nancy Schaefer

• Court: Court of Appeals of Texas
• Decided: March 5, 2015
• Docket: 03-15-00085-CV
• Status: Published

Opinion

ACCEPTED 03-15-00085-CV 4388670 THIRD COURT OF APPEALS AUSTIN, TEXAS 3/5/2015 3:38:32 PM JEFFREY D. KYLE CLERK

Lisa Bowlin Hobbs | lisa@kuhnhobbs.com 3307 Northland Drive, Suite 310 |RECEIVED IN 78731 Austin, Texas 3rd COURT Tel 512.476.6003 | FaxOF APPEALS 512.463.6002 AUSTIN, TEXAS 3/5/2015 3:38:32 PM JEFFREY D. KYLE March 5, 2015 Clerk

Jeffrey D. Kyle, Clerk Third Court of Appeals via e-filing Price Daniel Sr. Building 209 West 14th Street, Room 101 Austin, Texas 78701

Re: No. 03-15-00085-CV Michael J. DeLitta; and DeLCom Properties, LLC v. Nancy Schaefer

Dear Mr. Kyle:

Appellee, Nancy Schaefer, filed her Request for Supplemental Clerk’s Record and Request for Supplemental Reporter’s Record with the trial court today. Courtesy copies of both requests are attached to this letter. Kindest Regards,

KUHN HOBBS PLLC

By: __________________________ Lisa Bowlin Hobbs

Attachments cc: Douglas Drucker, Attorney for Appellants – via e-Service Lisa Bowlin Hobbs | lisa@kuhnhobbs.com 3307 Northland Drive, Suite 310 | Austin, Texas 78731 Tel 512.476.6003 | Fax 512.463.6002

March 4, 2015

Alicia Racanelli Official Court Reporter 201st District Court 1000 Guadalupe, Third Floor Austin, Texas 78701

Re: Nancy Schaefer v. Michael J. DeLitta, et al. No. D-1-GN-13-003516; 201st Judicial District Court, Travis County, Texas No. 03-15-00085-CV; Third Court of Appeals, Austin, Texas

Dear Ms. Racanelli:

Pursuant to Texas Rule of Appellate Procedure 34.6, Nancy Schaefer respectfully requests that the court reporter prepare and file a Supplemental Reporter’s Record in this case.

Appellants Michael J. DeLitta and DeLCom Properties, LLC, appealed the denial of the Motion to Dissolve and Declare Temporary Injunction Void, signed on January 16, 2015. In their notice of interlocutory appeal, Appellants requested a reporter’s record be prepared. The Motion to Dissolve and Declare Temporary Injunction Void was heard jointly with the Motion to Transfer Venue, Motion to Dissolve, Motion to Declare Temporary Injunction Void, Motions to Disqualify, Motion to Quash and 308 Motion before the Honorable Judge Amy Clark Meachum, in the 201st District Court of Travis County, Texas, on December 14, 2014. A Reporter’s Record containing the transcript of this hearing was filed with the Third Court of Appeals, as requested.

Appellants did not, however, request that the reporter’s record include the exhibits admitted during the hearing. Schaefer requests the following exhibits be included in the Reporter’s Record, all of which were cited in her responses to the Motion to Dissolve and Declare Temporary Injunction Void, and admitted at the December 14, 2014, hearing.

1. Exhibit 5; 2. Exhibit 6; 3. Exhibit 7; 4. Exhibit 8; 5. Exhibit 10; Kuhn Hobbs PLLC March 4, 2015 Page 2

6. Exhibit 34; 7. Exhibit 35; 8. Exhibit 42; 9. Exhibit 43; 10. Exhibit 44; 11. Exhibit 45; and 12. Exhibit 46.

Please advise us when the supplemental record is complete. We would like a copy of the supplemental record and are prepared to pay the costs associated with preparing it.

Thank you for your assistance with this matter. If you have any questions, or need additional information, please do not hesitate to call me.

Sincerely,

cc: Hon. Vela Price – for inclusion in the record – via e-filing Douglas R. Drucker, Attorney for Appellants – via e-filing Eric Taube, Attorney for Provision Member Jeff Compton – via e-filing Hon. Jeffrey D. Kyle, Clerk, Third Court of Appeals – via e-filing NO. D-1-GN-13-003516

NANCY SCHAEFER, § IN THE DISTRICT COURT Plaintiff, § § v. § § 201st JUDICIAL DISTRICT MICHAEL J. DELITTA, AXIOM § MEDICAL CONSULTING, LLC, § AXIOM PROFESSIONALS, LLC, § AXIOM PROPERTIES, LLC, § DELCOME PROPERTIES, LLC § Defendants. § TRAVIS COUNTY, TEXAS

NANCY SCHAEFER’S REQUEST FOR SUPPLEMENTAL CLERK’S RECORD

TO THE HONORABLE CLERK OF TRAVIS COUNTY:

Pursuant to Texas Rule of Appellate Procedure 34.5(c), Nancy Schaefer requests the clerk of

this Court prepare a supplemental record containing a true copy of the proceedings in the trial court

for transmission to the Third Court of Appeals in Austin, Texas. Nancy Schaefer requests the papers

listed below, including exhibits, be included in the record:

DESCRIPTION DATE FILED 1. Temporary Restraining Order 10/09/13 2. Joint Motion for Appointment of Provisional Voting Member 11/12/13 3. Order on Joint Motion for Appointment of Provisional Voting Member 12/10/13 4 Defendants’ Motion to Enforce, Modify and/or Dissolve Certain 03/13/14 Provision of the Temporary Injunction 5. Plaintiff’s Second Verified Application for Temporary Restraining 03/18/14 Order, Temporary Injunction and Permanent Injunction 6. Motion to Enforce the Agreed Temporary Injunction, Motion to Clarify Agreed Temporary Injunction, and Plaintiff’s Response to Defendants’ 03/21/14 Motion to Enforce, Modify and/or Dissolve Certain Provisions of the Temporary Injunction 7. Order 04/18/14 8. Order 04/21/14 9. Plaintiff’s Second Motion to Enforce the Agreed Injunction, Motion for 05/16/14 Contempt and Motion to Appoint Receiver 10. Defendants’ Emergency Motions 06/13/14 11. Order on Second Motion to Enforce the Agreed Injunction and Motion 06/19/14

Cause No. D-1-GN-13-003516 Request for Supplemental Clerk’s Record Page 1 of 3 for Contempt 12. Order Appointing Receiver 06/19/14 13. Plaintiff’s Second Amended Petition and Jury Demand 10/28/14 14. Agreed Amended Scheduling Order 11/06/14 15. Verification of Nancy Schaefer verifying Plaintiff’s Second Amended Petition and Jury Demand and Plaintiff’s First Amended Response to 12/15/14 Defendants’ Motion to Dissolve and Declare Temporary Injunction Void

Please advise us when the supplemental record is complete. We would like a copy of the

supplemental record and are prepared to pay the costs associated with preparing it.

Please also call if you have any questions or concerns.

Dated: March 5, 2015 Respectfully submitted,

By: /s/ Lisa Bowlin Hobbs Donald R. Taylor Lisa Bowlin Hobbs State Bar No. 19688800 State Bar No. 24026905 dtaylor@taylordunham.com Lisa@KuhnHobbs.com Of Counsel Stacey Reese Kurt Kuhn State Bar No. 24056188 State Bar No. 24002433 stacey@reeselawpractice.com Kurt@KuhnHobbs.com TAYLOR DUNHAM & RODRIGUEZ LLP KUHN HOBBS PLLC 301 Congress Avenue, Suite 1050 3307 Northland Drive, Suite 310 Austin, Texas 78701 Austin, Texas 78731 (512) 473-2257 (512) 476-6003 (512) 478-4409 (fax) (512) 476-6002 (fax)

Howard F. Carter, Jr., State Bar No. 03916500 sam@scarterlawfirm.com HOWARD F. CARTER, JR., P.C. 5600 Tennyson Parkway, Suite 160 Plano, Texas 75024 (972) 455-2001 (972) 455-2015 (fax)

Counsel for Plaintiff, Nancy Schaefer

Cause No. D-1-GN-13-003516 Request for Supplemental Clerk’s Record Page 2 of 3 Certificate of Service

I hereby certify that, on March 5, 2015, and in compliance with the Texas Rules of Civil Procedure, a true and correct copy of this request has been served as follows:

Douglas R. Drucker via e-Service Kirby D. Hopkins Drucker | Hopkins LLP 21 Watery Avenue, Suite 300 The Woodlands, TX 77380 Counsel for Defendants

Eric J. Taube via e-Service Hohmann, Taube & Summers LLP 100 Congress Avenue, 18th Floor Austin, Texas 78701 Counsel for Provisional Member Jeff Compton

/s/ Lisa Bowlin Hobbs Lisa Bowlin Hobbs

Cause No. D-1-GN-13-003516 Request for Supplemental Clerk’s Record Page 3 of 3