J. Mark Swinnea v. ERI Consulting Engineers, Inc. and Larry Snodgrass

Opinion

ACCEPTED 12-14-00288-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 5/21/2015 1:34:05 PM CATHY LUSK CLERK

No. 12-14-00288-CV FILED IN 12th COURT OF APPEALS TYLER, TEXAS In the Twelfth Court of Appeals 5/21/2015 1:34:05 PM Tyler, Texas CATHY S. LUSK Clerk

J. MARK SWINNEA Appellant

v.

ERI CONSULTING ENGINEERS, INC.

AND LARRY SNODGRASS Appellees

Appealed from the 114th Judicial District Court Smith County, Texas

APPELLANT’S UNOPPOSED MOTION FOR LEAVE TO FILE AMENDED BRIEF

Michael E. Gazette Greg Smith Texas Bar No. 07784500 Texas Bar No. 18600600 Law Office of Michael E. Gazette Nolan Smith 100 E. Ferguson, Suite 1000 Texas Bar No. 24075632 Tyler, Texas 75702 RAMEY & FLOCK, P.C. Telephone: 903-596-9911 100 E. Ferguson, Suite 500 Facsimile: 903-596-9922 Tyler, Texas 75702 megazette@suddenlink.com Telephone: 903-597-3301 Facsimile: 903-597-2413 gsmith@rameyflock.com nolans@rameyflock.com

ATTORNEYS FOR APPELLANT

TO THE HONORABLE COURT OF APPEALS:

On Monday, May 11, Mark Swinnea filed his appellant’s brief in this cause.

The brief’s cover did not include a request for oral argument. Swinnea in fact does

request oral argument. The failure to indicate this on the cover was simply

counsel’s oversight.

Now, Swinnea requests leave of this Court to file the accompanying

amended brief. The sole difference from the initially filed brief is inclusion, on the

cover, of the words “oral argument requested.”

The requested amendment should not delay the briefing of the case,

prejudice the appellees, or otherwise work any injustice. Rather, because it enables

oral argument of the case, the amendment should advance the merits and facilitate

the Court’s decisional analysis.

Certificate of Conference

Opposing counsel, who has been informed of the substance of this motion,

states that her clients do not oppose leave to file the amended brief.

WHEREFORE, PREMISES CONSIDERED, Mark Swinnea prays that the

Court would grant leave to file the accompanying amended brief, so the brief will

accurately reflect Swinnea’s desire for oral argument.

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Respectfully submitted,

/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, J. MARK SWINNEA

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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 21st day of May, 2015, on the following:

Via email drace@icklaw.com Deborah Race Ireland, Carroll & Kelley, P.C. 6101 S. Broadway, Suite 500 Tyler, TX 75703

Via email mahatchell@lockelord.com Mike A. Hatchell Locke Lord, LLP 100 Congress Avenue, Suite 300 Austin, TX 78701

Via email randerson@gillenanderson.com Roger W. Anderson Gillen & Anderson 613 Shelley Park Plaza Tyler, TX 75701

/s/ Greg Smith Greg Smith