Bob E. Woody v. J. Black's, LP And J. Black's GP, LLC ( 2015 )

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