Westfreight Systems Inc. v. John Michael Heuston, Individually and as Dependent Administrator of the Estate of Juana Garza, and Geronimo Rodriguez, Individually

Opinion

ACCEPTED 04-14-00124-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 2/25/2015 4:50:05 PM KEITH HOTTLE CLERK

No. 04-14-00124-CV

WESTFREIGHT SYSTEMS § IN THE COURT OFFILED APPEALS IN 4th COURT OF APPEALS INC., Appellant, § SAN ANTONIO, TEXAS § 02/25/2015 4:50:05 PM vs. § KEITH E. HOTTLE § Clerk JOHN MICHAEL HEUSTON, § FOURTH DISTRICT individually and as dependent § administrator of the ESTATE § OF JUANA GARZA, deceased, § and GERONIMO RODRIGUEZ, § Appellees. § SAN ANTONIO, TEXAS

APPELLANT WESTFREIGHT’S MOTION FOR LEAVE TO FILE SURREPLY Westfreight Systems Inc., the appellant, asks the Court for leave to

file the surreply brief that Westfreight has submitted, via the e-filing system,

contemporaneously with this motion.

I. Good cause exists for granting leave. The surreply brief addresses

contentions and authorities in Appellees’ reply brief, including some

contentions and authorities mentioned or fully discussed for the first time in

that brief. See also Surreply Brief, at 2-15 (surreply argument). Granting

leave to file the surreply will help focus the matters in dispute in this appeal.

Counsel for Westfreight has conferred with Counsel for Appellees and

confirmed that the requested leave is not opposed.

1 II. Westfreight therefore asks that the Court grant leave to file the

surreply brief and that the Court direct its Clerk to file the surreply brief in

this case.

Respectfully submitted,

/s/ Brian Miller Brian Miller State Bar No. 24002607

ROYSTON RAYZOR VICKERY & WILLIAMS L.L.P. Frost Bank Plaza, Suite 1300 802 N. Carancahua Corpus Christi, TX 78401 Tel. No. (361) 884-8808 Fax No. (361) 884-7261 E-mail: brian.miller@roystonlaw.com

Lead appellate counsel for appellant Westfreight Systems Inc.

CERTIFICATE OF CONFERENCE I certify that, on February 23, 2015, I conferred by telephone with

John Gsanger, lead appellate counsel for Appellees, and was advised that the

leave sought by this motion is not opposed.

/s/ Brian Miller Brian Miller

2 CERTIFICATE OF SERVICE I certify that a true copy of this document was served via electronic

service (to registered users) and as shown below on February 25, 2014:

Via e-mail to Via e-mail to jgsanger@edwardsfirm.com khood@fabregahood.com John Blaise Gsanger Kevin L. Hood THE EDWARDS LAW FIRM FABREGA HOOD L.L.P. 802 N. Carancahua St., Suite 1400 1800 St. James Pl., Suite 304 Corpus Christi, TX 78401 Houston, TX 77056

Lead appellate counsel for Plaintiffs Counsel for additional trial court defendant National Oilwell Varco L.P.

Via e-mail to dbright@swhhb.com Via e-mail to crkeener@aol.com David Bright Craig R. Keener SICO WHITE HOELSCHER CRAIG R. KEENER P.C. HARRIS & BRAUGH L.L.P. 1005 Heights Blvd. 802 N. Carancahua St., Suite 900 Houston, TX 77092 Corpus Christi, TX 78401 Counsel for additional trial court Additional appellate counsel for defendant National Oilwell Varco Plaintiffs L.P.