Jay Kay Bear Ltd v. Patty Martin ( 2015 )

ACCEPTED
04-14-00579-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
9/18/2015 11:35:03 AM
KEITH HOTTLE
CLERK
Cause No. 04-14-00579-CV
Jay Kay Bear, Ltd., § In the Court of Appeals
FILED IN
Appellant/ Cross-Appellee, § 4th COURT OF APPEALS
§ SAN ANTONIO, TEXAS
—versus— 09/18/2015
§ Fourth Court of Appeals District 11:35:03 AM
§ KEITH E. HOTTLE
Patty Martin, § Clerk
Appellee/ Cross-Appellant. § San Antonio, Texas
APPELLANT’S MOTION FOR LEAVE
TO FILE A POST-SUBMISSION LETTER BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
NOW COMES Appellant Jay Kay Bear, Ltd., and respectfully requests that this Court
grant Appellant leave to file a post-submission letter brief, and would respectfully show the
Court as follows:
A. Factual and Procedural History
1. On September 2, 2015, this Court heard oral argument in this cause.
2. On September 4, 2015, without leave of Court, Jay Kay Bear filed a post-submission
letter in an effort to offer additional briefing regarding Jay Kay Bear’s standing to pursue its
appeal, the implied findings of the trial court, and whether the 2003 Zyco Lien is superior to the
2008 Martin Lien as a matter of law.
3. Jay Kay Bear failed to request leave to file that post-submission letter brief, as required
by Local Rule 8.5(b). Jay Kay Bear seeks to remedy that oversight through this Motion for
Leave.
4. On September 14, 2015, Martin filed a Motion for Leave to File a Response to
Appellant’s Post-Submission Letter Brief. On September 15, 2015, this Court granted that
motion.
B. Argument and Authorities
5. Under Local Rule 8.5(b), “[i]f a party wishes to file a post-submission brief that has not
been requested by the Court, the party must obtain the Court’s permission.” Here, the Court did
not request a post-submission brief. Therefore, Jay Kay Bear was required to obtain the Court’s
permission.
6. The undersigned counsel is embarrassed to admit that she filed the post-submission letter
brief on behalf of Jay Kay Bear in this case without requesting or obtaining this Court’s
permission. The undersigned counsel is even more embarrassed to admit that she routinely filed
post-submission letter briefs with this Court, and has never filed a motion for leave. The
undersigned counsel has learned the error of her ways and will not make the same mistake again.
7. During oral argument, the Court asked jurisdictional questions that were not answered by
the Appellant’s briefing. During the oral argument, the Court’s jurisdictional concerns were
clearly not resolved by the undersigned counsel’s answers. Jay Kay Bear presented its post-
submission letter briefing in an effort to provide helpful authority and to aid the Court in
correctly answering the jurisdictional questions raised in this case.
C. Conclusion and Prayer
8. For the foregoing reasons, Appellant Jay Kay Bear, Ltd. respectfully requests that this
Court grant Appellant’s Motion for Leave to File A Post-Submission Letter Brief.
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Respectfully submitted,
/s/ Beth Watkins
Beth Watkins
State Bar No. 24037675
LAW OFFICE OF BETH WATKINS
926 Chulie Drive
San Antonio, Texas 78216
(210) 225-6666—phone
(210) 225-2300—fax
Beth.Watkins@WatkinsAppeals.com
COUNSEL FOR APPELLANT
JAY KAY BEAR, LTD.
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CERTIFICATE OF CONFERENCE
I hereby certify that on September 16, 2015, I e-mailed a copy of this motion to Patricia
M. Oviatt, Counsel for Appellee/ Cross-Appellant Patty Martin. On September 17, 2015, Ms.
Oviatt responded that, on behalf of her client, she was opposed to paragraph 7 of this motion.
/s/ Beth Watkins
Beth Watkins
CERTIFICATE OF SERVICE
I hereby certify that on September 18, 2015, a true and correct copy of the foregoing
Appearance of Counsel was electronically served on the following counsel of record:
Patricia M. Oviatt
COKINOS, BOSIEN & YOUNG
10999 West IH 10, Suite 800
San Antonio, Texas 78230
POviatt@cbylaw.com
COUNSEL FOR APPELLEE/ CROSS-APPELLANT
PATTY MARTIN
/s/ Beth Watkins
Beth Watkins
COUNSEL FOR APPELLANT
JAY KAY BEAR, LTD.
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