Tina M. Allen Souza v. Heather Clement Tessmer ( 2015 )

ACCEPTED
04-15-00153-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
7/8/2015 2:32:55 PM
KEITH HOTTLE
CLERK
NO. 04-15-00153-CV
TINA M. ALLEN SOUZA § COURT OFINAPPEALS
FILED
4th COURT OF APPEALS
§ SAN ANTONIO, TEXAS
vs. § 07/8/2015 2:32:55 PM
§ KEITH E. HOTTLE
HEATHER CLEMENT TESSMER § FOURTH DISTRICTClerk OF TEXAS
APPELLANT’S MOTION
TO DENY ORAL ARGUMENT
TO THE HONORABLE JUSTICES OF SAID COURT:
Appellant, TINA M. ALLEN SOUZA, requests that this honorable
court deny oral argument in the above styled and numbered cause.
1. Appellant is Tina M. Allen Souza; appellee is Heather Clement
Tessmer.
2. Appellant, at the time of filing her brief on May 29, 2015, and
Appellee, at the time of filing her brief on June 16, 2015, requested oral
argument.
3. Appellant, at the time of filing her reply brief on July 6, 2015,
requested oral argument, but noted, without waiving her right to oral
argument, that she believes that the dispositive issues have been
authoritatively decided; the facts and legal arguments are adequately
presented in the briefs and record; and the decisional process would not be
significant aided by oral argument.
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4. The law regarding the dispositive issues in this cause are delineated in
the TEX. CIV. PRAC. & REM. CODE and in recent Texas Supreme Court
opinions which have either ruled on a controlling issue related to the
interpretation of the Texas Citizens Participation Act or a similar type statute
to the degree that the rule of law should be clear.
5. The facts and legal arguments have been adequately and thoroughly
present to this Court through both the record and the briefs on file.
6. Appellant, Appellee, and the current case law all agree that the
standard of review in this cause is de novo. Under this standard, this Court
can only render it’s decision based upon the evidence that this Court can
consider and the guidance of the current state of the law, and any oral
argument by counsel will not significantly aid the decisional process of this
Court.
7. Appellant therefore, without waiving her right to be heard by this
Court in this cause in the event this Court denies this motion, requests that
this Court deny oral argument.
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Dated this 8th day of July 2015.
Respectfully submitted,
RONALD S. GUTIERREZ, LAWYER
Las Colinas Station
P. O. Box 143243
Irving Texas 75014-3243
Office: (512) 222-3488
Facsimile: (512) 233-2786
Email: rsg.lawyer@gmail.com
By: /s/ Ronald S. Gutierrez
Ronald S. Gutierrez
State Bar No. 08644410
ATTORNEY FOR APPELLANT
Certificate of Conference
I hereby certify that I have attempted to confer with Heather Clement
Tessssmer by letter faxed on July 7, 2015, and said counsel has not
responded.
/s/ Ronald S. Gutierrez
Ronald S. Gutierrez
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Certificate of Service
I hereby certify that a true and correct copy of the foregoing instrument was
delivered to plaintiff by serving her attorney of record, TESSMER LAW FIRM,
P.L.L.C., 7800 IH-10 West, Suite 830, San Antonio, Texas 78230, via eServe
through eFile (if available), email at info@tessmerlawfirm.com and/or via
facsimile at (210) 368-9729 on July 8, 2015.
/s/ Ronald S. Gutierrez
Ronald S. Gutierrez
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