Jadon F. Newman v. Firstmark Credit Union

• Court: Court of Appeals of Texas
• Decided: August 19, 2015
• Docket: 03-14-00315-CV
• Status: Published

Opinion

ACCEPTED 03-14-00315-CV 6573044 THIRD COURT OF APPEALS AUSTIN, TEXAS 8/19/2015 9:34:30 PM JEFFREY D. KYLE CLERK

CAUSE NO. 03-14-00315-CV FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 8/19/2015 9:34:30 PM IN THE THIRD COURT OF APPEALS JEFFREY D. KYLE Clerk AUSTIN, TEXAS

JADON NEWMAN Appellant v.

FIRSTMARK CREDIT UNION Appellee

APPELLANT’S SECOND OPPOSED MOTION FOR LEAVE TO FILE REPLY BRIEF

Respectfully submitted,

Peter C. Ruggero RUGGERO LAW FIRM PC SBN 24044377 1411 West Ave Ste 200 Austin TX 78701 peter@ruggerolaw.com and Craig S. Smith SBN 18553570 14493 S.P.I.D., suite A, P.M.B. 240 Corpus Christi, Tx. 78418 361 728 8037 csslawrr@gmail.com

ORAL ARGUMENT REQUESTED TO THE HONORABLE THIRD COURT OF APPEALS:

Comes now Appellant Jadon Newman, respectfully showing the Court as

follows:

1. Appellant is Jadon Newman; Appellee is Firstmark Credit Union.

2. This motion is filed on August 19, 2015. Appellees' Brief was filed

on November 12, 2015. Appellant's reply brief, after first extension granted, was

due on January 8, 2015.

3. This is Appellant's second motion for leave to file this Reply Brief.

4. Appellant requests leave to file this brief based on the facts stated

below.

5. Appellant Newman hired Peter Ruggero as counsel in relation to post-

judgment trial representation. He subsequently and recently retained Ruggero to

serve as co-counsel in relation to the appeal. Co-counsel Ruggero reviewed the

record and determined Firstmark failed to attach a key document to its summary

judgment motion, and therefore failed to conclusively establish its right to

summary judgment. In this reply brief Appellant Newman explains why this

defect in Firstmark’s proof requires a new trial, and squarely brings it to this

Honorable Court’s attention. Newman respectfully renews his request for oral

argument on the cover of his reply brief.

1 PRAYER

Newman respectfully moves the Court to grant leave to file this brief, to set

this case for oral argument, and for all other relief to which he is entitled.

CERTIFICATE OF CONFERENCE

Peter Ruggero, counsel for Newman, conferred with counsel for Firstmark,

and Firstmark opposes this motion for leave.

/s/ Peter C. Ruggero Peter C. Ruggero RUGGERO LAW FIRM PC SBN 24044377 1411 West Ave Ste 200 Austin TX 78701 peter@ruggerolaw.com

-and-

Craig S. Smith SBN 18553570 14493 S.P.I.D., suite A, P.M.B. 240 Corpus Christi, Tx. 78418 361 728 8037 csslawrr@gmail.com

2 CERTIFICATE OF COMPLIANCE This document complies with the typeface requirements of TEX. R. APP. P. 9.4(e) because it has been prepared in a conventional typeface no smaller than 14- point for text and 12-point for footnotes. This document also complies with the word-count limitations of TEX. R. APP. P. 9.4(i), if applicable, because it contains 208 words.

/s/ Peter C. Ruggero Peter C. Ruggero

CERTIFICATE OF SERVICE On August 19, 2015, in compliance with Texas Rule of Appellate Procedure 9.5, I served this document by e-service, e-mail, facsimile, or mail to the following:

Lessie Gilstrap Fitzpatrick lfitzpatrick@fbhh.com Lisa C. Fancher lfancher@fbhh.com Christine E. Burgess cburgess@fbhh.com 98 San Jacinto Blvd., Suite 2000 Austin, Texas 78701 (512) 476-2020 phone (512) 477-5267 fax

Counsel for Appellees