Rex Smith v. Kelly Davis and Amber Davis ( 2015 )

ACCEPTED
12-14-00007-CV
TWELFTH COURT OF APPEALS
TYLER, TEXAS
4/8/2015 2:54:31 PM
CATHY LUSK
CLERK
No. 12-14-00007-CV
FILED IN
12th COURT OF APPEALS
TYLER, TEXAS
In the Court of Appeals 4/8/2015 2:54:31 PM
for the CATHY S. LUSK
Clerk
Twelfth District of Texas
Tyler, Texas
REX SMITH
Appellant
v.
KELLY DAVIS AND AMBER DAVIS
Appellees
Appealed from the 294th Judicial District Court
Van Zandt County, Texas
MOTION FOR LEAVE TO FILE
REPLY SUPPORTING REX SMITH’S ANSWERS
TO THE COURT’S QUESTIONS
Jeffrey C. Irion
Texas Bar No. 10413500
240 S. Old Gun Barrel Lane
P. O. Box 5027
Gun Barrel City, Texas 75147
Telephone: 903-887-4050
Facsimile: 866-422-8403
jirionattorney@aol.com
Greg Smith
Texas Bar No. 18600600
RAMEY & FLOCK, P.C.
100 E. Ferguson, Suite 500
Tyler, Texas 75702
Telephone: 903-597-3301
Facsimile: 903-597-2413
ATTORNEYS FOR APPELLANT
TO THE HONORABLE COURT OF APPEALS:
In response to the Davises’ rehearing motion, this Court requested that Smith file
answers to certain questions about the proper relief in the case. Smith answered those questions.
Now, the Davises have filed a reply arguing that Smith somehow waived his position, in
connection with a prior, successful rehearing motion in this case. For the Court’s benefit, Smith
concurrently is submitting a brief reply to the allegation of waiver. Smith requests leave that the
reply would be filed and considered with the other papers relevant to the Davises’ motion for
rehearing.
Certificate of Conference
Counsel for the Davises states that this motion is opposed.
Conclusion and Prayer
WHEREFORE, PREMISES CONSIDERED, Rex Smith prays that the Court would
grant leave to file his Reply Supporting Answers to the Court’s Questions, which Smith submits
simultaneously with this motion.
Respectfully submitted,
Jeffrey C. Irion
Texas Bar No. 10413500
240 S. Old Gun Barrel Lane
P. O. Box 5027
Gun Barrel City, Texas 75147
Telephone: 903-887-4050
Facsimile: 866-422-8403
jirionattorney@aol.com
/s/ Greg Smith
Greg Smith
State Bar No. 18600600
RAMEY & FLOCK, P.C.
100 East Ferguson, Suite 500
Tyler, TX 75702
Telephone: (903) 597-3301
Facsimile: (903) 597-2413
gsmith@rameyflock.com
COUNSEL FOR APPELLANT, REX SMITH
1
Certificate of Service
The undersigned certifies that a copy of the above and foregoing document was served
upon counsel for Appellees in accordance with the applicable Texas Rules of Civil Procedure on
this the 8th day of April, 2015, on the following:
Via email
S. Gary Werley, Attorney
1840 Acton Highway
Granbury, Texas 76049
sgwerley@werleylaw.com
/s/ Greg Smith
Greg Smith
2