R.D. Tips, Inc. v. Virginia Jett

Opinion

ACCEPTED

03-13-00336-CV

5108375

THIRD COURT OF APPEALS

AUSTIN, TEXAS

4/30/2015 4:34:34 PM

JEFFREY D. KYLE

CLERK

CASE NO. 03-13-00336-CV

IN THE COURT OF APPEALS FILED IN 3rd COURT OF APPEALS

THIRD COURT OF APPEALS DISTRICT AUSTIN, TEXAS AUSTIN, TEXAS 4/30/2015 4:34:34 PM

______________________________________________________________

JEFFREY D. KYLE

Clerk

R.D. TIPS, INC.,

Appellant

v.

VIRGINIA JETT,

Appellee

______________________________________________________________

Appeal from the 419th District Court, Travis County, Texas Trial Court Cause No. D-1-GN-11-003799 Hon. Rhonda Hurley, Judge Presiding

______________________________________________________________

APPELLEE’S MOTION TO EXPEDITE THE MANDATE

______________________________________________________________

Virginia Jett, Appellee, moves the Court to expedite the issuance of the

mandate to the trial court pursuant to Tex. R. App. P. 18.1(c), and would

respectfully show the Court as follows:

Background

The District Court rendered judgment against R.D. Tips, Inc., Appellant, on

February 11, 2013. Briefing before this Court was completed on November 21,

2013. The Court denied Appellant’s request for oral argument. On April 9, 2013,

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the Court unanimously affirmed the District Court’s judgment. A Motion for

Rehearing was filed on April 24, 2015, and was denied on April 29, 2015.

Appellant has superseded the judgment. As a consequence, collection

efforts have been suspended for more than two years.

Argument & Authorities

Ms. Jett is suffering from financial hardship and is in serious, immediate

need of the funds that have been owed to her since 2011.

Tex. R. App. P. 18.1(c) permits this Court to expedite the issuance of the

mandate in a case “for cause.” Cause is established here by the extreme economic

circumstances of the Appellee, who for more than two years has been in the

position of having a large judgment that is uncollectable due to the status of the

appeal.

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Prayer

For these reasons, Appellee asks that the Court grant this motion and

expedite the mandate to the trial court, and award Appellee such other and further

relief as to which she may be entitled.

Respectfully submitted,

TAUBE SUMMERS HARRISON TAYLOR MEINZER BROWN

By: /s/ Eric J. Taube

Eric J. Taube State Bar No. 19679350 etaube@taubesummers.com Douglas A. Fohn State Bar No. 24036578 dfohn@taubesummers.com Christopher G. Bradley State Bar No. 24069407 cbradley@taubesummers.com

100 Congress Avenue, Suite 1800 Austin, Texas 78701 Telephone: (512) 472-5997 Telecopier: (512) 472-5248

ATTORNEYS FOR APPELLEE VIRGINIA JETT

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TEX. R. APP. P. 9.4(I)(3) CERTIFICATION

Pursuant to TEX. R. APP. P. 9.4, I hereby certify that this Motion contains 496 words. This is a computer-generated document created in Microsoft Word, using 14-point typeface for all text. In making this certificate of compliance, I am relying on the word count provided by the software used to prepare the document.

/s/ Eric J. Taube Eric J. Taube

CERTIFICATE OF CONFERENCE

I certify that I have conferred with Jonathan D. Pauerstein, counsel to Appellant, by email concerning the relief requested. He is opposed to the relief requested.

/s/ Eric J. Taube Eric J. Taube

CERTIFICATE OF SERVICE

The undersigned counsel certifies that this document was served via telecopy on Appellant R.D. Tips, Inc.’s counsel on April 30, 2015.

Jonathan D. Pauerstein ROSENTHAL PAUERSTEIN SANDOLOSKI AGATHER LLP 755 East Mulberry, Suite 200 San Antonio, Texas 78212 (210) 225-5000 (Tel) (210) 354-4034 (Fax) jpauerstein@rpsalaw.com

/s/ Eric J. Taube Eric J. Taube