the University of Texas at Austin v. Dijaira B. Smith
This text of the University of Texas at Austin v. Dijaira B. Smith (the University of Texas at Austin v. Dijaira B. Smith) 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.
Opinion
ACCEPTED 03-14-00509-CV 3751035 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/13/2015 2:20:29 PM JEFFREY D. KYLE CLERK No. 03-14-00509-CV
______________________________ FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD JUDICIAL DISTRICT 1/13/2015 2:20:29 PM _____________________________ JEFFREY D. KYLE Clerk THE UNIVERSITY OF TEXAS AT AUSTIN Appellant,
VS.
DIJAIRA B. SMITH, Appellee. ______________________________
On Appeal from the 200th Judicial District Court of Travis County, Texas Cause No. D-1-GN-13-004318 ______________________________
APPELLANT’S UNOPPOSED MOTION FOR LEAVE TO FILE RESPONSE TO APPELLEE’S POST-SUBMISSION BRIEF ______________________________
TO THE HONORABLE COURT OF APPEALS:
COMES NOW Appellant, the University of Texas at Austin (“UT”), and submits this
Unopposed Motion for Leave to Respond to Appellee’s Post-Submission Brief.
1. This appeal is from the 200th Judicial District Court of Travis County’s denial of UT’s Plea
to the Jurisdiction. Appellant filed its brief with the Third Court of Appeals on or about
September 9, 2014. Appellee filed her response brief on or about September 29, 2014.
Appellant filed its reply on October 16, 2014. Oral arguments were heard on November
19, 2014.
2. During oral arguments, the panel questioned counsel about Resendez v. Texas Commission
on Environmental Quality, 391 S.W.3d 312 (Tex. App.—Austin 2012, pet. granted). 3. On November 21, 2014, two days after oral arguments in the present case, the Texas
Supreme court issued its opinion in Texas Commission on Environmental Quality v.
Resendez, No. 13-0094, 2014 WL 6612570 (Tex. Nov. 21, 2014), reversing the Third Court
of Appeals opinion.
4. Appellee requested leave to submit a post-submission brief discussing, in part, the Texas
Supreme Court’s ruling on Resendez.
5. Appellant requests leave to file a response to Appellee’s Post-Submission brief.
6. This motion is not made for delay alone, but so that justice may be done.
CONCLUSION AND PRAYER
7. Appellant therefore prays that this Honorable Court grant this Motion for Leave and permit
Appellant an opportunity to respond to Appellee’s Post-Submission Brief. Respectfully submitted,
KEN PAXTON Attorney General of Texas
CHARLES E. ROY First Assistant Attorney General
JAMES E. DAVIS Deputy Attorney General for Civil Litigation
JAMES “BEAU” ECCLES General Litigation, Division Chief
/s/ Erika M. Laremont ERIKA M. LAREMONT Attorney-in-Charge Texas Bar No. 240013003 Assistant Attorney General General Litigation Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 (512) 463-2120 (512) 320-0667 FAX
ATTORNEY FOR APPELLANT CERTIFICATE OF CONFERENCE Appellant conferred with counsel for Appellee prior to filing this motion, and he is not
opposed.
/s/ Erika M. Laremont ERIKA M. LAREMONT Assistant Attorney General
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing instrument has been sent via electronic filing
notice on January 13, 2015 to:
JOHN JUDGE JUDGE, KOSTURA & PUTMAN,P.C. The Commissioners House at Heritage Square 2901 Bee Cave Road, Box L Austin, Texas 78746 Telephone: 512/328-9099 Facsimile: 512/328-4132 Email: jjudge@jkplaw.com
/s/Erika M. Laremont Erika M. Laremont
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