United Parcel Service, Inc. and Roland Leal v. Robert Scott Rankin, Individually, Rachelle Rankin, Individually and as Next Friend for Avery Rankin, Kara Rankin, and Samuel Rankin, Minors

Opinion

ACCEPTED 04-014-00494-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 3/26/2015 1:47:59 PM KEITH HOTTLE CLERK

NO. 04-14-00494-CV IN THE FOURTH COURT OF APPEALS FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS SAN ANTONIO, TEXAS 3/26/2015 1:47:59 PM United Parcel Service, Inc. and Roland Leal, KEITH E. HOTTLE Clerk Appellants/Cross-Appellees, v. Robert Scott Rankin, Individually, Rachelle Rankin, Individually and As Next Friend for Avery Rankin, a Minor, As Next Friend for Kara Rankin, a Minor and As Next Friend for Samuel Rankin, a Minor Appellees/Cross-Appellants. On Appeal from the 224th Judicial District Court, Bexar County, Texas Honorable Cathy Stryker, Presiding Judge Trial Court Cause No. 2011-CI-07922

MOTION FOR LEAVE TO FILE CROSS-APPELLEES’ REPLY TO NEW ARGUMENT IN CROSS-APPELLANTS’ REPLY BRIEF THAT RULE 167.4(a) IS INVALID __________________________________________________________________

On February 19, 2014, Cross-Appellants filed their Reply Brief, which

presents an argument at pages 6-7 that was not presented in their Cross-Appellants’

Brief, namely, that Rule 167.4(a) of the Texas Rules of Civil Procedure is invalid

and unenforceable because it allegedly conflicts with Chapter 42 of the Civil

Practices and Remedies Code, even though the Texas Supreme Court issued Rule

167 to implement Chapter 42. Cross-Appellees, United Parcel Service, Inc. and

Roland Leal, have not had an opportunity to respond to this argument that Rule

167.4(a) is invalid. Allowing them to file a Reply addressing this argument would

assist the Court in deciding it by providing important authority and argument. Cross-Appellees therefore request that this Court grant leave to file “Cross-

Appellees’ Reply to New Argument in Cross-Appellants’ Reply Brief that Rule

167.4(a) Is Invalid” that has been electronically filed along with this motion.

Respectfully submitted,

KING & SPALDING LLP

By: /s/ H. Victor Thomas H. Victor Thomas Texas Bar No. 19851500 1100 Louisiana, Suite 4000 Houston, Texas 77002 Telephone: (713) 751-3200 Facsimile: (713) 751-3290

W. Randall Bassett Georgia Bar No. 41525 King & Spalding LLP 1180 Peachtree Street, N.E. Atlanta, Georgia 30309 Telephone: (404) 572-4600 Facsimile: (404) 572-5100

2 CERTIFICATE OF CONFERENCE

As required by TEX. R. APP. P. 10.1, I conferred with counsel for Appellees and Cross-Appellants Robert Scott Rankin, et. al. and they communicated that they are opposed to this motion.

Certified on March 26, 2015.

/s/ H. Victor Thomas H. Victor Thomas

CERTIFICATE OF SERVICE

I certify that on March 26, 2015, I used the Court’s electronic case filing system to file this Motion and to serve it on counsel for appellees as follows: Doug Perrin Mark Perrin The Perrin Law Firm 325 N. Saint Paul St., Suite 600 Dallas, TX 75201-3828

Peter D. Marketos Reese Gordon Marketos LLP 750 N. Saint Paul St., Suite 610 Dallas, Texas 75201