**THE SUPREME COURT OF TEXAS**

**Post Office Box 12248**

**Austin, Texas 78711**

**(512) 463-1312**

September 28, 2007

Mr. Jerry Fazio

Owen & Fazio, P.C.

7557 Rambler Rd., Suite 1465

Dallas, TX 75231

Mr. Augustin Rivera Jr.

Dunn Weathered Coffey Rivera 

Kaspertis & Rodriguez, P.C.

611 S. Upper Broadway

Corpus Christi, TX 78401

RE:Case Number:  07-0515

Court of Appeals Number:  13-07-00261-CV

Trial Court Number:  06-62795-2

Style:IN RE  AMERICAN RETIREMENT CORPORATION AND PEGGY BRISGILL IN HER CAPACITY AS MANAGER

Dear Counsel:

Today the Supreme Court of Texas granted the Motion for Stay of Trial and issued the enclosed stay order in the above-referenced case.  The petition for writ of mandamus remains pending before this Court. 

Pursuant to Tex. R. App. P. 55.1, you are requested to file briefs on the merits in the above-styled case.  Please refer to Tex. R. App. P. 55 for the requirements of relators’ and real parties in interest briefs.  **Please note** that any party may elect to rely upon the briefs already on file with this Court by notifying this office in writing no later than the due date of the brief.  If you elect to rely upon a brief filed with the court of appeals, you must provide twelve copies in accordance with Tex. R. App. P. 9.3(b).  The filing of a notification letter shall invoke the same timetable as the filing of a brief.  The petition for writ of mandamus has not been granted and remains under consideration by the Court.

The briefing schedule is outlined below.  *See* Tex. R. App. P. 55.7.  **Please note** that Tex. R. App. P. 9.2(b) does not apply.  All briefs are due to be filed in this office on or before **3:00 p.m.** on the due date:

Relator/s shall file their brief within thirty days of this date (on or before **October 29, 2007**).

Real party/parties in interest shall file their response brief within twenty days after receiving relator/s brief (no later than **November 19, 2007**).

Relator/s shall file any reply brief within fifteen days after receiving real party/parties in interest brief (no later than **December 4, 2007**).

Additionally, the Court requests that parties submit a copy of all briefs on the merits (including amicus and post-submission briefs) and the respective petitions, responses, and replies – already on file - ***in electronic form within ten (10) days of the date of this letter***.  Also, please submit an electronic copy when filing the hard copies of any brief.  Please see the enclosed information for guidelines.

Sincerely,

Blake A. Hawthorne, Clerk

by Claudia Jenks, Chief Deputy Clerk

Enclosures

**SUPREME COURT OF TEXAS**

**INFORMATION ON SUBMISSION OF ELECTRONIC BRIEFING**

In order to provide convenient access to briefs filed with the Supreme Court of Texas, the Court posts electronic copies of briefs on its website when it requests briefs on the merits.  The Court requests that the parties submit an electronic copy of all briefs on the merits (including amicus and post-submission briefs) as well as the respective petitions, responses, and replies that are already on file.

The Court asks the parties to comply with the following guidelines when submitting eBriefs:

1. The Court prefers the use of **searchable** PDF files because files in this format generally may not be altered.  If this format is not available to you, please use either Microsoft Word (up to Word 2003/XP versions) or WordPerfect (versions 7 through X3).   Documents submitted as Word/WordPerfect documents will be converted to searchable PDFs by the Clerk's office.

2. All eBriefs should be submitted either by email attachment or on a CD.   **NOTE:** If you are emailing the eBrief and the file size is greater than 5 MB, you will need to separate the document into different files and email each file individually.  Please identify each file clearly by labeling the individual parts (e.g. Appendix Part 1, Appendix Part 2, etc.).

3. Each email subject line or CD must include information or a label which identifies the case style and the case number.  In addition, a Certificate of Compliance must accompany the submission of all eBriefs.  A copy of the Certificate of Compliance is included with this letter.  The Certificate of Compliance is also available in both Word and PDF format on the Supreme Court’s Website at http://www.supreme.courts.state.tx.us/ebriefs/ebriefs.asp.

4. The email attachment or CD must contain only an electronic copy of the submitted filing. The email attachment or CD **must not** contain any document or material that is not included in the original hard copy of the filing with the Court.

5. The **email attachment or CD must be free of viruses**or any other files that would be disruptive to the Court's computer system.

6. You may submit the eBrief(s) as an email attachment to the following email address: scebriefs@courts.state.tx.us  Email attachments must not exceed 5 megabytes.

**EBRIEF CERTIFICATE OF COMPLIANCE**

At the request of the Supreme Court of Texas, I certify that this submitted computer CD or email attachment complies with the following requests of the Court: 

1.Information for eBrief(s) being submitted: 

a.Case Style: _____________________________________________ 

b.Case Number: ___________________________________________ 

c.Type of Brief(s) (i.e. petition for review, response, reply, petitioner's brief, respondent's brief, brief in reply, amicus brief): _____________________________________________________________

_____________________________________________________________

_____________________________________________________________ 

d.The Word Processing Software and Version Used to prepare the eBrief(s): __________________________________________________ 

2.This CD or email attachment contains only an electronic copy of the original document which was filed in the Texas Supreme Court Clerk’s office and does not contain any document or portion thereof that is not included in the original filing. 

3.The **electronic brief is free of viruses or any other files that would be disruptive to the Court's computer system**. The following **software**, if any, was used to ensure the filing is **virus-free:**_________________________________. 

4.I understand that the attached eBrief(s) will be posted on the Court's web site. 

**PLEASE NOTE:**The submission of a brief in electronic format (eBrief) is not considered a filing in this Court. All eBriefs submitted must have been previously filed in compliance with the Texas Rules of Appellate Procedure.  

_________________________________ 

(Signature of filing party and date) 

________________________________ 

(Printed name) 

_________________________________ 

(Firm) 

**Case No. 07-0515Page 1**