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

Opinion

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.

3

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

4

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