Gattis Electric, Inc. v. Theresa Marie Mann, Individually and as Guardian of the Person and Estate of James Lawhon ( 2015 )


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  •                                                                                              ACCEPTED
    03-14-00080-CV
    6164013
    THIRD COURT OF APPEALS
    AUSTIN, TEXAS
    7/21/2015 4:31:41 PM
    JEFFREY D. KYLE
    CLERK
    NO. 03-14-00080-CV
    ______________________________________
    FILED IN
    3rd COURT OF APPEALS
    IN THE COURT OF APPEALS            AUSTIN, TEXAS
    THIRD JUDICIAL DISTRICT       7/21/2015 4:31:41 PM
    AUSTIN, TEXAS              JEFFREY D. KYLE
    ______________________________________       Clerk
    GATTIS ELECTRIC, INC.
    Appellant,
    v.
    THERESA MARIE MANN, INDIVIDUALLY, AND AS GUARDIAN OF THE
    PERSON AND ESTATE OF JAMES LAWHON,
    Appellee.
    ______________________________________
    On Appeal from the 126th Judicial District Court
    of Travis County, Texas
    Trial Court No. D-1-GN-12-001971
    ______________________________________
    APPELLANT’S MOTION FOR LEAVE
    TO FILE POST-SUBMISSION BRIEF
    ______________________________________
    TO THE JUSTICES OF THE THIRD COURT OF APPEALS:
    1.     Appellees filed a post-submission letter of supplemental authority on
    July 13, 2015.
    2.     Appellant, Gattis Electric, Inc., seeks to file a response. Accordingly,
    Appellant requests leave of Court to file its post-submission letter brief, tendered
    for filing simultaneously with this motion.
    3.   Appellees’ letter discussed a recent Texas Supreme Court decision.
    Austin v. Kroger Texas, L.P., No. 14-0216, 
    2015 WL 3641066
    (Tex. June 12,
    2015). However, Appellees are misconstruing the effect of Austin and quote it out
    of context. Appellant desires to respond and explain its position as to whether
    Austin has any impact at all on this case. To the extent it does, Austin supports
    Appellant’s arguments.
    4.   A party’s brief may be amended or supplemented whenever justice
    requires and on whatever terms the appellate court may prescribe. TEX. R. APP. P.
    38.7.    As noted by Appellees in their motion for leave to file their letter of
    supplemental authority, Appellant Gattis should have the opportunity to respond to
    their arguments.
    PRAYER
    Therefore, for the above reasons, Appellant, Gattis Electric, Inc.,
    respectfully requests the Court to grant leave to file its post-submission letter brief
    tendered simultaneously herewith. Appellant further requests general relief.
    2
    Respectfully submitted,
    CHAMBERLAIN, HRDLICKA, WHITE
    WILLIAMS & AUGHTRY
    By:    /s/ Kevin D. Jewell
    Kevin D. Jewell
    Texas Bar No. 00787769
    1200 Smith Street, Suite 1400
    Houston, Texas 77002
    Telephone: (713) 654-9620
    Facsimile: (713) 658-2553
    ATTORNEYS FOR APPELLANT,
    GATTIS ELECTRIC, INC.
    CERTIFICATE OF CONFERENCE
    I certify that the undersigned conferred by email with counsel for Appellees
    on July 21, 2015, and Appellees are unopposed.
    /s/ Kevin D. Jewell
    Kevin D. Jewell
    3
    CERTIFICATE OF SERVICE
    I certify that a true and correct copy of the foregoing was served on this 21st
    day of July, 2015, by facsimile and/or certified mail, return receipt requested to the
    attorneys and/or parties contained in the attached service list.
    Via electronic service
    D. Todd Smith
    Smith Law Group, P.C.
    1250 Capital of Texas Highway South
    Three Cielo Center, Suite 601
    Austin, Texas 78746
    Via electronic service
    Henry Moore
    Jayme Bomben
    316 W. 12th St., Suite 318
    Austin, Texas 78701
    Via electronic service
    Sally S. Metcalfe
    Metcalfe Law, P.L.L.C.
    901 South Mopac Expressway
    Plaza One, Suite 300
    Austin, Texas 78746
    /s/ Kevin D. Jewell
    Kevin D. Jewell
    4
    

Document Info

Docket Number: 03-14-00080-CV

Filed Date: 7/21/2015

Precedential Status: Precedential

Modified Date: 9/30/2016