Rita Mary Gause v. Thomas X. Gause

Opinion

ACCEPTED 03-13-00768-CV 4021578 THIRD COURT OF APPEALS AUSTIN, TEXAS 2/4/2015 2:48:01 PM JEFFREY D. KYLE CLERK

No. 03-13-00768-CV FILED IN IN THE COURT OF APPEALS 3rd COURT OF APPEALS AUSTIN, TEXAS FOR THE 3RD JUDICIAL DISTRICT OF 2/4/2015 2:48:01 PM TEXAS JEFFREY D. KYLE Clerk AT AUSTIN

RITA MARY GAUSE, Appellant

V.

THOMAS X. GAUSE, Appellee

Appealed from the 155th District Court of Fayette County, Texas

UNOPPOSED MOTION TO FILE FIRST AMENDED BRIEF OF APPELLEE

MOORMAN TATE HALEY UPCHURCH & YATES, LLP

By: STEVEN C. HALEY State Bar No. 08741900 207 E. Main St./P.O. Box 1808 Brenham, Texas 77834-1808 Telephone: (979) 836-5664 Telecopier: (979) 830-0913 shaley@moormantate.com

Attorney for Appellee, THOMAS X. GAUSE

{19268.44142-00368395.DOCX} No. 03-13-00768-CV

IN THE COURT OF APPEALS

FOR THE 3RD JUDICIAL DISTRICT OF TEXAS

AT AUSTIN

Appealed from the 155th District Court of Fayette County, Texas

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:

Thomas X. Gause (Thomas), Appellee in this appeal and Plaintiff below,

respectfully files this, his Unopposed Motion to File First Amended Brief of

Appellee and in support of same would show this Court the following:

STATEMENT OF FACTS

1. Brief of Appellee. Thomas filed herein his Brief of Appellee on

February 2, 2015 (the "Appellee's Brief'). The Appellee's Brief contained a

{19268.44142-00368395.DOCX} 1 spelling error of a Party erroneously referring to "Brendan Gause" as "Brandon

Gause".

2. Correction Desired. Appellant desires to correct error by a First

Amended Brief of Appellee.

WHEREFORE, PREMISES CONSIDERED, Appellee prays that the Court

grant leave to file a First Amended Brief of Appellee.

Respectfully submitted,

MOORMAN TATE HALEY UPCHURCH & YATES, L.L.P.

By: /s/ STEVEN C. HALEY STEVEN C. HALEY State Bar No. 08741900 207 East Main P.O. Box 1808 Brenham, Texas 77834-1808 Telephone: (979) 836-5664 Telecopier: (979) 830-0913 shaley@moormantate.com.

Attorneys for THOMAS X. GAUSE

{19268.44142-00368395.DOCX} 2 CERTIFICATE OF SERVICE

This is to certify that on the 4 day of February, 2015, a true and correct copy of the foregoing Motion to File First Amended Brief of Appellee was mailed by certified mail, return receipt requested and/or by facsimile and/or e-mail to the following:

James J. Elick 7 N. Harris Bellville, Texas 77418 jimelick@hotmail.com

/s/ STEVEN C. HALEY STEVEN C. HALEY

CERTIFICATE OF CONFERENCE

This will certify that on February 4, 2015, I called counsel for the Appellant regarding the Motion to File Amended Brief of Appellee. He had no opposition to it.

{19268.44142-00368395.DOCX)