Mary Lynn Kantara Gerke v. Jamil James Kantara

Opinion

FILED IN 1ST COURT OFAPPEALS HOUSTON,TEXAS NO. 01-14-00082-CV JAN %2 2015 IN THE COURT OF APPEALS CHRISTOPHEB A PBJNE rrOPHEBAPR»

CLERK FOR THE FIRST DISTRICT OF TEXAS

AT HOUSTON, TEXAS

MARY LYNN KANTARA GERKE

v.

JAMIL JAMES KANTARA

APPELLANT'S MOTION REQUESTING THE COURT TO ORDER

APPELLANT'S ATTORNEY TO REBRIEF HER CASE

TO THE HONORABLE COURT OF APPEALS:

Comes now, Mary Lynn Kantara Gerke, pro se, and asks this Honorable

Court to order appellant's attorney to resubmit her brief to include a specific

request within her conclusion and prayer, that the trial court's findings that Ms.

Kantara Gerke's case was frivolous and for the purposes of harassment be voided

and in support would show:

1. This issue is^;. clearly spelled out within appellant's First Supplemental

Request For Partial Record And Statement Of The Issues filed October 24, 2014 (3rd Supplemental Clerk's Record, Page 46)

2. Ms. Tomlinson filed a brief in this case on January 9, 2015 which was

accepted on January 12, 2015. Within the brief, she failed to include a specific request within her conclusion and prayer, seeking to void the trial court's findings that Ms. Kantara Gerke's case was frivolous and for the

purposes of harassment.

3. Ms. Kantara Gerke's is unsure why this was omitted, but there have been

concerns related to Ms. Tomlison's desire to withdraw from this case. Ms.

Kantara Gerke believes she had made it clear to her attorney that this issue

was important to her and should be included. Ms. Kantara Gerke is not an

attorney and wants to be sure she does not lose an issue, important to her, on

a technical error.

4. Ms. Tomlinson has already made the arguments to support the request that

the findings of frivolous and harassment should be voided. (Issue #2, Section

B of her brief)

5. Ms. Kantara Gerke believes the additional request is important, meritorious

and not frivolous in nature and deserves to be included in the interest of

justice and for the welfare of the children.

6. Appellant's attorney will be only minimally burdened by the granting of this

request, because the requested change can be added and the document resubmitted electronically. While not an attorney, Ms. Kantara Gerke

believes the arguments on the issue are already presented within the brief

Ms. Tomlinson filed.

7. Appellee will not be harmed by the granting of this motion, because appellee

has submitted a reply brief and addressed this issue directly. {Jamil "James "

Kantara's Reply Brief filed January 7, 2015, pages 36-39)

8. Ms. Kantara Gerke believes this Honorable Court has authority to grant this

motion under TRAP in particularly TRAP 38.9(b).

Mary Lynn Kantara Gerke asks this Honorable Court to order Ms.

Tomlinson to resubmit her brief in this case to include an explicit request within

her conclusion and prayer, concerning the voiding of the findings of frivolous and

harassment. In the alternative, Mary Lynn Kantara Gerke respectfully requests that

this Honorable Court accept this motion by Ms. Kantara Gerke as a supplemental

request to Ms. Tomlinson's filed brief that in addition to the conclusion and prayer

already filed, that "Mary Lynn Kantara Gerke requests that this Honorable Court

vacate the findings that Mary Lynn Kantara Gerke's suit wasfrivolous andfor the

purposes ofharassment and that saidfindings are void", Ms. Kantara Gerke asks

for any other relief she may be entitled to in law or in equity.

-3- Respectfully submitted,

Mary Lynn Kantara Gerke, pro se 707 Almond Pointe League City, TX 77573 Tel: (281) 332-8858 Fax:(281)290-0004

CERTIFICATE OF SERVICE

On January 20, 2015 a copy of APPELLANT'S MOTION REQUESTING THE COURT TO ORDER APPELLANT'S ATTORNEY TO REBRIEF HER CASE was served, in compliance with Texas Rules ofAppellate Procedure 9.5 and 25.1(e), on the following in the manner listed below:

Mary Lynn Kantara Gerke, pro se 707 Almond Pointe League City, TX 77573 Tel: (281) 332-8858 Fax:(281)290-0004

Ashley V. Tomlinson, Attorney At Law Viafax 1800 St. James Place, Suite 620 Houston, Texas 77056 Phone: (713)600-1717 Fax: (713)600-1718

Mr. Wilfred Schmitz, Attorney At Law Viafax 17040 El Camino Real, Suite 400 Houston, Texas 77058 Attorney of record for Mr. Kantara Phone: (281)486-5066 Fax: (281)486-2041

Honorable Christopher A. Prine, Clerk of the Court By Mail First Court of Appeals 301 Fannin Street Houston, Texas 77002-2066 USPS TR ACKDNG NUMBER U.S. POSTAGE *"\0 "A AcvAA,o^r> ro« m

9505 5000 1983 5020 0007 18

RECEIVED FIRST COURT OF APPEALS HOUSTON, TEXAS

JAN 2 2 2015

CHRISTOPHER A. PRINE WW

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