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NO. 03-15-00293-CV

IN THE COURT OF APPEALS

FOR THE THIRD JUDICIAL DISTRICT OF TEXAS

AUSTIN, TEXAS

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. 

ACCEPTED

03-15-00293-CV

5287958

THIRD COURT OF APPEALS

AUSTIN, TEXAS

5/14/2015 2:37:47 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 5/14/2015 2:37:47 PM JEFFREY D. KYLE Clerk
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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 
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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
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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
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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