James Clinton Coyle v. Coyle Family Farm, Inc.

Opinion

ACCEPTED 04-16-00133-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 8/31/2016 2:11:03 PM KEITH HOTTLE CLERK

IN THE COURT OF APPEALS FOR THE FOURTH APPELLATE DISTRICT OF TEXAS SAN ANTONIO, TEXAS FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS JAMES CLINTON COYLE, § 08/31/2016 2:11:03 PM Appellant, § KEITH E. HOTTLE § Clerk VS. § NO. 04-16-00133-CV § COYLE FAMILY FARM, INC., § Appellee. §

ON APPEAL FROM CAUSE NO. 3208 COUNTY COURT AT LAW, MEDINA COUNTY, TEXAS HONORABLE VIVIAN TORRES, JUDGE PRESIDING

APPELLANT’S MOTION FOR LEAVE TO FILE APPELLANT’S SUPPLEMENTAL BRIEF WITH BRIEF ATTACHED

ANTON E. HACKEBEIL State Bar No. 08667150 P.O. Box 220 Hondo, Texas 78861 Tel: (830) 741-7001 Fax: (866) 743-4537 Email: tonyhackebeil@att.net ATTORNEY FOR APPELLANT TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

COMES NOW Appellant, James Clinton Coyle, by and through the

undersigned counsel and files this Motion for Leave to File Appellant’s

Supplemental Brief with Brief Attached, and would show the court the following:

Counsel for Appellant would show that counsel failed to include in

Appellant’s Brief an argument critical to sustain Appellant’s plea to this court that

is contained in the Mediated Settlement Agreement (“MSA”) referred to in and

attached to Appellant’s Brief which Appellant’s counsel believes could eliminate the

need for argument on other points in Appellant’s Brief but without abandoning

Appellant’s original Brief.

Appellant’s Supplemental Brief is attached to this motion and is short and

concise in identifying a provision in the MSA that Appellant’s counsel believes

should eliminate the need for additional arguments and reliance on legal theories

since the very document upon which Appellee relies for its requested relief precludes

Appellee from pursuing any action with regard to a dispute of terms of the MSA in

any forum except the District Court of the 38th Judicial District.

Wherefore, premises considered, Appellant prays that this court grant his

Motion for Leave to file Appellant’s Supplemental Brief and accept Appellant’s

Brief as attached to this Motion.

2 Respectfully submitted,

/s/ Anton E. Hackebeil ANTON E. HACKEBEIL State Bar No. 08667150 P.O. Box 220 Hondo, Texas 78861 Tel: (830) 741-7001 Fax: (866) 743-4537 Email: tonyhackebeil@att.net ATTORNEY FOR APPELLANT

CERTIFICATE OF COMPLIANCE

I certify that 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 font for text, 12-point for footnotes. I also certify that this document

contains approximately 440 words.

/s/ Anton E. Hackebeil Anton E. Hackebeil

3 CERTIFICATE OF SERVICE

This is to certify that on August 31, 2016, a true and correct copy of

Appellant’s Motion for Leave to File Supplemental Brief with Brief Attached was

served on John C. Chunn, attorney for Appellee, P.O. Box 396, Hondo, Texas 78861,

by electronic filing manager.

/s/ Anton E. Hackebeil Anton E. Hackebeil Counsel for Appellant