Cornelis P. Willig v. Marcela Gutierrez Diaz ( 2015 )

ACCEPTED
01-15-00073-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
7/9/2015 9:59:26 AM
CHRISTOPHER PRINE
CLERK
NO.Ol-15-00073-CV
FILED IN
IN THE MATTER OF § IN THE 1st
FIRST COURT
COURT OF APPEALS
THE MARRIAGE OF § HOUSTON, TEXAS
§ 7/9/2015 9:59:26 AM
CORNELIS P. WILLIG § CHRISTOPHER A. PRINE
OF APPEALS
AND § Clerk
l\fARCELA GUTIERREZ DIAZ § HOUSTON, TEXAS
APPELLANT CORNELIS P. 'WILLIG'S
MOTION FOR LEAVE OF COURT TO FILE A CORRECTED BRIEF
Appellant Cornelis P. Willig hereby asks the Court to grant this Motion allowing the
Appellant to file a corrected brief in the appeal of this case so that the brief filed by the Appellant
can include the one page that was accidentally omitted and not included in the brieftha1 was filed.
A. Introduction
1. Appellant's attorney inadvertently omitted including in the brief that was timely efiled with
the Court the inclusion of what should have been the true third page of the brief s Statement
of Facts. Appellant's attorney could not overcome the electronic barriers that the word
processor used in preventing the attorney from numbering the pages of the brief from the
beginning of the section as the Statement of Facts to the end .ofthe brief itself
2. For that reason, Appellant's attorney took the brief to the First Court of Appeals showing the
lack of numeration from that point in the brief to its conclusion and presented ti an assistant
of the Court at the Intake station. The Intake Staff at the Court advised Appellant's attorney
that it was permissible and would not harm the brief to hand number those pages since the
attorney had not been able to have the computer do so because of reasons that to this
moment, the attorney does not comprehend, even with the assistance of his legal secretary
and her experience.
3. Appellant's attorney returned to his office and started to hand number the referenced pages.
Somehow, in the process of numbering the pages, the page that should have been page
number 3 was separated from the other pages and was not included in the brief. Presently
numbered as page 3 is what should have been, if the numeration would have been properLy
done, page 4. Page 3 was omitted from the numeration, not included in the brief when filed,
and the remaining subsequent pages of the brief all reflect being one page off from what
should have been the proper page number if page 3 would have been included in the
contents.
4. The filed brief does not include the contents of page 3 at the present time and all subsequent
pages reflect a page number that is one page off from the contents of the brief as written. The
contents of that page are of importance to the concepts that were presented in the brief and
there is now a gap in the presentation of the concepts in the Statement of Facts because of
the omission of page 3.
4. Appellant's attorney was extremely careful in consolidating the brief and took much care in
attempting to insure that a mistake such as this would not happen. Somehow, for some
reason or act that Appellant's attorney is not aware of, the error occurred, for which error
Appellant's attorney apologizes to the Court.
B. Prayer
6. For these reasons, Appellant asks the leave of the Court requesting that the Court grant
Appellant the filing of the brief as a corrected brief, this time fully including in the filed
document the missing page 3 and the full content that should have been correctly flied with
2
the Court originally. Appellant also requests that the Court permit Appellant to make a
correction in the repagination of the brief to correctly reflect the true location of the complete
contents of the brief once page 3 is included.
Respectfully Submitted,
~"\-
~ P eJl.-.-J}
Andres P. Chaumont
State Bar No.: 15779400
834 Fleetwood Place
Houston" Texas 77079
Tel: (281) 493-3999
Fax: (281) 493-3993
Email: anchlaw88@gmail.com
Attorney for Appellant
CERTIFICATE OF SERVICE
I certify that a copy of Appellant's Motion for Leave of Court to File a Corrected Brief was
served on Appellee's counsel of record, Mr. Michael Busby, 2909 Hillcroft, Suite 350, Houston,
Texas 77057; Fax: 713-974-1181 by telephonic documenttransfer to said fax number on July 9,
2015.
JJLc......p.~
Andres P_Chaumont
Attorney for Appellant