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 4/17/2015 5:48:09 PM KEITH HOTTLE CLERK

NO. 04-014-00494-CV

FILED IN 4th COURT OF APPEALS IN THE FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS SAN ANTONIO, TEXAS 4/17/2015 5:48:09 PM KEITH E. HOTTLE Clerk

UNITED PARCEL SERVICE, INC. and ROLAND LEAL

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

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

TO THE HONORABLE COURT OF APPEALS:

Cross-Appellants, Robert Scott Rankin, Rachelle Rankin, Avery Rankin, Kara

Rankin, and Samuel Rankin (the “Rankins”), by and through their undersigned

CROSS-APPELLANTS’ UNOPPOSED MOTION FOR LEAVE TO FILE REPLY TO CROSS-APPELLEES’ SURREPLY TO ARGUMENT IN CROSS-APPELLANTS’ REPLY BRIEF THAT RULE 167.4(a) IS INVALID - Page 1 of 4 attorneys, hereby move the Court for an Order allowing them to file a Reply to Cross-

Appellees’ Surreply to Argument in Cross-Appellants’ Reply Brief That Rule

167.4(a) is Invalid, and in support thereof would respectfully show the Court the

following:

The Court granted Cross-Appellees’ Motion for Leave to File Reply to New

Argument in Cross-Appellants’ Reply Brief That Rule 167.4(a) is Invalid on April 14,

2015. Cross-Appellants request that the Court allow them to file their Reply to

Cross-Appellees’ Surreply in that it will assist the Court by providing argument and

authority. Cross-Appellees are not opposed to Cross-Appellants’ Motion for Leave.

WHEREFORE, Cross-Appellants pray that this Court grant them leave to file

their reply to Cross-Appellees’ Surreply to Argument in Cross-Appellants’ Reply

Brief That Rule 167.4(a) is Invalid, which is being electronically filed simultaneously

with this Motion, and for such other and further relief as the Court may deem to be

just and proper.

CROSS-APPELLANTS’ UNOPPOSED MOTION FOR LEAVE TO FILE REPLY TO CROSS-APPELLEES’ SURREPLY TO ARGUMENT IN CROSS-APPELLANTS’ REPLY BRIEF THAT RULE 167.4(a) IS INVALID - Page 2 of 4 Respectfully submitted,

THE PERRIN LAW FIRM 1910 Pacific Avenue, Suite 6050 Dallas, Texas 75201 Telephone: (214) 646-2004 Facsimile: (214) 646-6117 Email: dougperrin@perrinlaw.org markperrin@perrinlaw.org

/s/J. Mark Perrin Doug Perrin State Bar No. 15796520 J. Mark Perrin State Bar No. 24013313

REESE GORDON MARKETOS LLP 750 N. St. Paul Street, Suite 610 Dallas, Texas 75201 Telephone: (214) 382-9810 Facsimile: (214) 501-0731 Email: pete.marketos@rgmfirm.com Pete Marketos State Bar No. 24013101

KEELING & DOWNES, P.C. 1500 McGowen Street Houston, Texas 77004 Telephone: (832) 214-9900 Fax: (832) 214-9908 Email: bck@keelingdownes.com Byron Keeling State Bar No. 11157980

ATTORNEYS FOR CROSS-APPELLANTS

CROSS-APPELLANTS’ UNOPPOSED MOTION FOR LEAVE TO FILE REPLY TO CROSS-APPELLEES’ SURREPLY TO ARGUMENT IN CROSS-APPELLANTS’ REPLY BRIEF THAT RULE 167.4(a) IS INVALID - Page 3 of 4 CERTIFICATE OF CONFERENCE

I have conferred with counsel for Cross-Appellees about the merits of this Motion and was advised that Cross-Appellees do not oppose the relief requested in this Motion.

Certified this 17th day of April, 2015.

/s/J. Mark Perrin J. Mark Perrin

CERTIFICATE OF SERVICE

This will certify that a true and correct copy of the above and foregoing document was forwarded to all counsel of record in the above cause through the Court’s electronic case filing system, on this the 17th day of April, 2015.

Ricardo Reyna Audrey Haake Brock, Person, Guerra, Reyna P.C. 17339 Redland Road San Antonio, Texas 78247

W. Randall Bassett Bradley Pratt King & Spalding, LLP 1180 Peachtree Street, NE Atlanta, Georgia 30309

H. Victor Thomas King & Spalding, LLP 1100 Louisiana, Suite 4000 Houston, Texas 77002

/s/J. Mark Perrin

CROSS-APPELLANTS’ UNOPPOSED MOTION FOR LEAVE TO FILE REPLY TO CROSS-APPELLEES’ SURREPLY TO ARGUMENT IN CROSS-APPELLANTS’ REPLY BRIEF THAT RULE 167.4(a) IS INVALID - Page 4 of 4