Page i NO. 03-13-00336-CV

IN THE COURT OF APPEALS FOR THE THIRD DISTRICT OF TEXAS AT AUSTIN R.D. TIPS, INC., Appellant,

v. VIRGINIA JETT, Appellee
Appeal from the 98th Judicial District Court Travis County, Texas The Honorable Rhonda Hurley, Presiding

MOTION FOR JUDGMENT AGAINST SURETY

Eric J. Taube State Bar No. 19679350 etaube@taubesummers.com Taube Summers Harrison Ta ylor Meinzer Brown LLP 100 Congress Avenue, Suite 1800 Austin, Texas 78701 Telephone: (512) 472-5997 Telecopier: (512) 472-5248
COUNSEL FOR APPELLEE VIRGINIA JETT ACCEPTED 03-13-00336-CV 5132381 THIRD COURT OF APPEALS

AUSTIN, TEXAS 5/4/2015 10:16:48 AM JEFFREY D. KYLE

CLERKPage 2 TO THE HONORABLE COURT OF APPEALS: Pursuant to Texas Rule of Appellate Procedure, Appellee Virginia Jett (“ Ms. Jett ”) files this Motion for Judgment Agai nst Surety, and respectfully shows the court as follows: Background 1. On February 11, 2013, the 419th District Court of Travis County, Texas, rendered judgment in favor of Ms. Jett and against Appellant R.D. Tips (“ Tips ”) in the amount of $3,354,314.06 in actual damages; $85,000 in attorney’s fees; $260 in court costs; and post-judgment interest at the rate of 5% (the

“ Judgment ”).
2. On October 7, 2013, Tips susp ended the Judgment by posting a supersedeas bond in the amount of $3,7 88,745.47. The surety of such bond was named as SureTec Insurance Company, a company organi zed under the laws of the State of Texas.
3. This Court unanimously affirmed th e Judgment on April 9, 2015. The Court denied Tips’ Motion for Rehearing on April 29, 2015.
4. On April 30, 2015, Ms. Jett filed a Motion to Expedite the Mandate, which is pending before this Court.Page 3 5. Now, Ms. Jett requests that this Court grant her judgment against Tips’ surety, both for the original Judgmen t amount and for the costs that have been awarded her. Argument and Authorities
6. Under Texas Rule of Appellate Procedure 43.5, “When a court of appeals affirms the trial court judgment . . . the court of appeals must render judgment against the sureties on the appellant 's supersedeas bond, if any, for the performance of the judgment and for any cost s taxed against the appellant.”
7. The Court affirmed the trial court ju dgment in this case. The Court’s April 9, 2015 judgment does not appear to include the requested judgment against the sureties.
8. In accordance with paragraph 44 of the Court’s “Practice Before the Court” instructions, 1 Ms. Jett prayed in her brief for rendition of judgment against the surety on Appellant’s supersedeas bond. In particular, in her brief filed on November 21, 2013, Appe llee stated as follows: “ Ms. Jett further requests that this Court render judgment for her against the sureties on Appellant R.D. Tips, Inc.'s supersedeas bond.” Response Br. of Appell ee Virginia Jett, at 43 (Section VI: Conclusion and Prayer).

1 See Texas Judicial Branch, Third Court of Appeals, “Practice Before the Court,” http://www.txcourts.gov/3rdcoa/practice-be fore-the-court.aspx#supersedeas-bond.Page 4 9. Now, believing the relief requested is warranted under the Texas Rules of Appellate Procedure and this Court’s practice guidelines, Ms. Jett reiterates her request that th is Court grant her judgment against the surety for the amount of the judgment against Tips and for the costs that have been awarded her. PRAYER FOR RELIEF For the reasons stated above, Appellee Virginia Jett respectfully requests that this Court (i) grant judgment against the surety for the performance of the district court Judgment and for the costs that have been awarded her, and (ii) grant her all other relief to which th e Court deems her justly entitled

.Page 5 Respectfully submitted,

T AUBE S UMMERS H ARRISON T AYLOR M EINZER B ROWN LLP By: /s/ Eric J. Taube Eric J. Taube State Bar No. 19679350 etaube@taubesummers.com Douglas A. Fohn State Bar No. 24036578 dfohn@taubesummers.com Christopher G. Bradley State Bar No. 24069407 cbradley@taubesummers.com Andrew Preston Vickers State Bar No. 24084021 avickers@taubesummers.com 100 Congress Avenue, Suite 1800 Austin, Texas 78701 Telephone: (512) 472-5997 Telecopier: (512) 472-5248
ATTORNEYS FOR APPELL EE VIRGINIA JETTPage 6 TEX. R. APP. P. 9.4(I)(3) CERTIFICATION Pursuant to TEX. R. APP. P. 9.4, I he reby certify that this Motion contains 774 words. This is a com puter-generated document cr eated in Microsoft Word, using 14-point typeface for all text. In ma king this certificate of compliance, I am relying on the word count provided by the so ftware used to prepare the document. /s/ Eric J. Taube Eric J. Taube

CERTIFICATE OF CONFERENCE Counsel for Ms. Jett attempted to c onfer with opposing counsel concerning the matters raised in this motion on May 1, 2015, but was unable to do so. /s/ Eric J. Taube Eric J. Taube

CERTIFICATE OF SERVICE The undersigned counsel certifies that this document was served via telecopy on Appellant R.D. Tips, Inc. ’s counsel in accordance with T EX
. R. C IV
. P. 21a on May 4, 2015. Jonathan D. Pauerstein R OSENTHAL P AUERSTEIN S ANDOLOSKI A GATHER LLP 755 East Mulberry, Suite 200 San Antonio, Texas 78212 (210) 354-4034 (Fax) /s/ Eric J. Taube Eric J. Taube