Pamela Mehl v. David Stern ( 2015 )

ACCEPTED 03-14-00697-CV 5367083 THIRD COURT OF APPEALS AUSTIN, TEXAS 5/20/2015 4:56:03 PM JEFFREY D. KYLE CLERK CASE NO. 03-14-00697-CV IN THE THIRD COURT OF APPEALS STATE OF TEXAS FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 5/20/2015 4:56:03 PM PAMELA MEHL, § JEFFREY D. KYLE § Clerk Appellant, § § v. § § DAVID STERN, § § Appellee. § APPELLANT'S MOTION FOR LEAVE TO FILE AMENDED BRIEF On Appeal from Cause No. D-1-GN-14-002071 In the 250 111 Judicial District Court Travis County, Texas TO THE HONORABLE THIRD DISTRICT COURT OF APPEALS: COMES NOW, Appellant Pamela Mehl (hereinafter "Appellant") and file this Motion for Leave to File Amended Brief, and in support thereof would respectfully show this Com1 as follows: 1. Appellant's Notice of Restricted Appeal was timely filed on November 4, 2014. 2. On January 12, 2015, an incomplete clerk's record was filed with the Com1 in this cause. liP AGE APPELLANT'S MOTION FOR LEAVE TO FILE AMENDED BRIEF 3. Appellant timely filed an Appellate Brief on March 23,2015 utilizing the incomplete clerk's record. 4. On March 26, 2015, pursuant to Rule 34 of the Texas Rules of Appellate Procedure, Appellant sent a letter to the Travis County District Clerk requesting that a supplemental clerk's record be filed with the Comi in this cause. TEX. R. APP. P. 34.5(c)(1). 5. On April 9, 2015, a complete supplemental clerk's record from the Travis County District Clerk was filed with the Comi in this cause. 6. The Court has the authority under Rule 38 of the Texas Rules of Appellate Procedure to afford Appellant leave of Couti to file an amended brief. TEX. R. APP. P. 38.7 ("A brief may be amended or supplemented whenever justice requires, on whatever reasonable terms the couti may prescribe."). 7. In the interest of justice, good cause exists to grant Appellant's Motion for Leave to File Amended Brieffor the following reasons: (a) The clerk's record filed on January 12, 2015 was incomplete and omitted relevant evidence in the record that suppmis Appellant's substantive claims raised in her original brief; (b) The supplemental clerk's record filed on April9, 2015 contains the relevant evidence in the record previously omitted that suppmis Appellant's substantive claims raised in her original brief; and 2!PAGE APPELLANT'S MOTION FOR LEAVE TO FILE AMENDED BRIEF (c) Through no fault of the Appellant, the supplemental clerk's record filed on April 9, 2015 was not available to the Court or Appellant prior to filing her original brief on March 23, 2015 . (d) The necessity of a complete clerk's record is of particular import in this case since, as a restricted appeal, this Comt's determination of Appellant's claims is limited to a review of the face of the record. NOW, THEREFORE, in the interests of justice and in light of the above, Appellant respectfully prays that the Court grant this Motion for Leave to File Amended Brief, and afford such other and further relief to which Appellant may be justly entitled. Respectfully submitted, THE LEFLER LAW FIRM 1530 Sun City Blvd, Ste 119 Austin, Texas 78633 T (512) 869-2579 F (866) 583-7294 s1``E``f State Bar No. 12161040 slefler@leflerlegal.com LEAD COUNSEL FOR APPELLANT 31P A ( i E APPELLANT'S MOTION FOR LEAVE TO F ILE AMENDED BRIEF CERTIFICATE OF CONFERENCE The undersigned counsel conferred with counsel for Appellee by telephone and by email exchanges on April 13, 2015, and Appellee has no opposition to this Motion. However, the patties reached an agreement that Appellee would have a period of 30 days from the date of Appellant's filing of its amendment to its Brief. CERTIFICATE OF SERVICE I hereby certify that on the 20111 day of May, 2015, Appellant served Appellee with a true and correct copy of the foregoing Appellant's Motion for Leave to File Amended Brief to the following: Brent Allen Devere Devere Law Firm 1411 West Avenue, Ste 200 Austin, Texas 78701 bdevere@ 1411 west. com 4IP AGE APPELLANT'S MOTION FOR LEAVE TO FILE AMENDED BRIEF