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 ( 2015 )

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