The opinion
ACCEPTED
03-15-00293-CV
5287958
THIRD COURT OF APPEALS
AUSTIN, TEXAS
5/14/2015 2:37:47 PM
JEFFREY D. KYLE
CLERK
NO. 03-15-00293-CV
FILED IN
3rd COURT OF APPEALS
IN THE COURT OF APPEALS AUSTIN, TEXAS
FOR THE THIRD JUDICIAL DISTRICT OF TEXAS
5/14/2015 2:37:47 PM
AUSTIN, TEXAS JEFFREY D. KYLE
Clerk
BOB E. WOODY,
Appellant,
v.
J. BLACK’S, LP and J. BLACK’S, GP, LLC
Appellees.
On Appeal from Cause No. D-1-GN-09-001436
In the 345th Judicial District Court of Travis County, Texas
The Honorable Stephen Yelenosky Presiding
UNOPPOSED MOTION TO INCORPORATE
PRIOR APPELLATE RECORD
TO THE HONORABLE JUDGES OF SAID COURT:
Appellant BOB E. WOODY (“Woody) files this his Motion requesting that
the Reporter’s Record and the Clerk’s Record from a prior appellate proceeding
in the Seventh Judicial District Court of Appeals at Amarillo, Texas, being Cause
No. 07-12-00192-CV and styled Bob E. Woody, The Ranch, LLC, and Hector H,
Cardenas, Jr. v. J. Black’s, LP and J. Black’s, GP, LLC, be incorporated into the record
before this Court.
1
1.
On January 12, 2012, a final judgment was signed by the Honorable
Stephen Yelenosky in Cause No. D-1-GN-09-001436 in the 345th Judicial District
Court of Travis County, Texas.
2.
After an appeal of the January 12, 2012 final judgment was perfected to
this Court in Cause No. 03-11-00024-CV, the appeal was transferred to the
Seventh Judicial District Court of Appeals at Amarillo, Texas.
3.
On October 18, 2013, the Seventh Court of Appeals reversed the January
12, 2012 judgment in part, affirmed in part, and remanded the case to the 345th
Judicial District Court of Travis County, Texas.
4.
On March 31, 2015, the Honorable Stephen Yelenosky signed a final
judgment in the remanded cause, and an appeal has now been perfected from
that judgment to this Court.
5.
To save the expense of preparing a duplicate record, Appellant Woody
requests that the Court incorporate the Clerk’s Record and Reporter’s Record
2
from the prior appeal in the Seventh Judicial District Court of Appeals in Cause
No. 07-12-00192-CV, into the record in this cause.
6.
Concurrent with the filing of this Motion, Woody is filing a motion with
the Seventh Judicial District Court of Appeals requesting transfer of the Clerk’s
Record and Reporter’s Record in Cause No. 07-12-00192-CV to the above cause in
this Court.
Prayer
WHEREFORE, Woody prays that the Court grant this Motion to
Incorporate the Prior Appellant Record from the Seventh Court of Appeals into
the record in this cause, and for such other and further relief to which he is
entitled.
Respectfully submitted,
/s/ Jeremy Gaston
Jeremy Gaston
Texas SBN 24012685
jgaston@hmgnc.com
HAWASH MEADE GASTON
NEESE & CICACK LLP
2118 Smith Street
Houston, Texas 77002
Telephone: (713) 658-9007
Facsimile: (713) 658-9011
and
3
Tom C. McCall
Texas SBN 13350300
tmccall@themccallfirm.com
David B. McCall
Texas SBN 13344500
dmccall@themccallfirm.com
THE McCALL FIRM
3660 Stoneridge Road, Suite F-102
Austin, Texas 78746-7759
Telephone: (512) 477-4242
Facsimile: (512) 477-2271
and
Rick Gray
Texas SBN 08328300
rick.gray@graybecker.com
GRAY & BECKER, PC
900 West Avenue
Austin, TX 78701-2210
Telephone: (512) 482-0061
Facsimile: (512) 482-0924
and
Hector H. Cardenas, Jr.
State Bar No. 00790422
hcardenas@cardenas-law.com
THE CARDENAS LAW FIRM
3660 Stoneridge Road, Suite F-102
Austin, Texas 78746-7759
Telephone: (512) 477-4242
Facsimile: (512) 477-2271
Counsel for Bob E. Woody
4
Certificate of Conference
I hereby certify that I have communicated with counsel for Appellees and he
is not opposed to incorporation of the prior appellate record into this cause.
/s/ Tom C. McCall
Tom C. McCall
Certificate of Service
I hereby certify that a true and correct copy of the foregoing Unopposed Motion
to Incorporate Prior Appellate Record was sent on this 14th day of May 2015, to the
following:
Via ProDoc eService
Via Email: etaube@taubesummers.com
Mr. Eric J. Taube
TAUBE SUMMERS HARRISON
TAYLOR MEINZER BROWN, LLP
100 Congress Avenue, 18th Floor
Austin, Texas 78701
Counsel for J. Black’s, LP and J. Black’s, GP, LLC
/s/ Tom C. McCall
Tom C. McCall
5