Rex Smith v. Kelly Davis and Amber Davis

Opinion

ACCEPTED 12-14-00007-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 4/8/2015 2:54:31 PM CATHY LUSK CLERK

No. 12-14-00007-CV FILED IN 12th COURT OF APPEALS TYLER, TEXAS In the Court of Appeals 4/8/2015 2:54:31 PM for the CATHY S. LUSK Clerk Twelfth District of Texas Tyler, Texas

REX SMITH Appellant

v.

KELLY DAVIS AND AMBER DAVIS Appellees

Appealed from the 294th Judicial District Court Van Zandt County, Texas

MOTION FOR LEAVE TO FILE REPLY SUPPORTING REX SMITH’S ANSWERS TO THE COURT’S QUESTIONS

Jeffrey C. Irion Texas Bar No. 10413500 240 S. Old Gun Barrel Lane P. O. Box 5027 Gun Barrel City, Texas 75147 Telephone: 903-887-4050 Facsimile: 866-422-8403 jirionattorney@aol.com

Greg Smith Texas Bar No. 18600600 RAMEY & FLOCK, P.C. 100 E. Ferguson, Suite 500 Tyler, Texas 75702 Telephone: 903-597-3301 Facsimile: 903-597-2413

ATTORNEYS FOR APPELLANT TO THE HONORABLE COURT OF APPEALS:

In response to the Davises’ rehearing motion, this Court requested that Smith file

answers to certain questions about the proper relief in the case. Smith answered those questions.

Now, the Davises have filed a reply arguing that Smith somehow waived his position, in

connection with a prior, successful rehearing motion in this case. For the Court’s benefit, Smith

concurrently is submitting a brief reply to the allegation of waiver. Smith requests leave that the

reply would be filed and considered with the other papers relevant to the Davises’ motion for

rehearing.

Certificate of Conference

Counsel for the Davises states that this motion is opposed.

Conclusion and Prayer

WHEREFORE, PREMISES CONSIDERED, Rex Smith prays that the Court would

grant leave to file his Reply Supporting Answers to the Court’s Questions, which Smith submits

simultaneously with this motion.

Respectfully submitted,

Jeffrey C. Irion Texas Bar No. 10413500 240 S. Old Gun Barrel Lane P. O. Box 5027 Gun Barrel City, Texas 75147 Telephone: 903-887-4050 Facsimile: 866-422-8403 jirionattorney@aol.com

/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, REX SMITH 1 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 8th day of April, 2015, on the following:

Via email S. Gary Werley, Attorney 1840 Acton Highway Granbury, Texas 76049 sgwerley@werleylaw.com

/s/ Greg Smith Greg Smith