# Metropolitan Theatre, LLC v. Yes Prep Public Schools, Inc. > Texas Court of Appeals, 1st District (Houston) · December 4, 2015 URL: https://www.frixlaw.com/law-library/cases/4074468 ## Case - **Court:** Texas Court of Appeals, 1st District (Houston) - **Decided:** December 4, 2015 - **Precedential status:** Published - **Opinion:** Opinion - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4074468 ## Opinion text ACCEPTED 01-15-00480-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 12/4/2015 8:42:59 AM CHRISTOPHER PRINE CLERK THE HALL LAW FIRM FILED IN 530 Lovett Boulevard • Houston, Texas 77006 1st COURT OF APPEALS Telephone: (713) 942-9600 • Facsimile: (713) 942-9566 HOUSTON, TEXAS Benjamin L. Hall, III, Ph.D., J.D. Board Certified Personal Injury Trial Law 12/4/2015 8:42:59 AM Board Certified Civil Trial Law CHRISTOPHER A. PRINE Texas Board of Legal Specialization Clerk December 4, 2015 Via eFILE Hon. Christopher E. Prine Clerk of the Court First Court of Appeals 301 Fannin, Room 208 Houston, TX 77002 Re: Case No. 01-15-00480-CV; Metropolitan Theatre, LLC v. YES Prep Public Schools, Inc.; On Appeal from Cause No. 2015-24030 in the 334th Judicial District Court of Harris County, Texas Dear Mr. Prine, The purpose of this letter, on behalf of Appellant Metropolitan Theatre, LLC (“Metropolitan”), is to respond to the letter brief filed on December 2, 2015, in the above referenced appeal by Appellee YES Prep Public Schools, Inc. (“YES Prep”). After reviewing YES Prep’s letter brief and the opinions cited therein, Metropolitan concedes that the cases it cited in support of its first reply point in its Reply Brief involving waiver were indeed disapproved by the Texas Supreme Court in Rusk State Hosp. v. Black, 392 S.W.3d 88 (Tex. 2012). Metropolitan thus formally withdraws its waiver argument under Reply Point 1 in its Reply Brief. Counsel for Metropolitan further wishes to apologize to this Court, and to YES Prep’s counsel, for his error in failing to discover Black’s disapproval of the cases cited under that reply point. Metropolitan nevertheless stands by its argument and authorities under Reply Point 2 in its Reply Brief. Respectfully submitted, s/ William L. Van Fleet William L. Van Fleet II CC: Cameron P. Pope, Esq. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4074468. Public record. Not legal advice.