William Cullen Champion v. Marilyn Estlow

• Court: Court of Appeals of Texas
• Decided: December 29, 2014
• Docket: 03-14-00016-CV
• Status: Published

Opinion

ACCEPTED 03-14-00016-CV 3604657 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/29/2014 2:53:54 PM JEFFREY D. KYLE CLERK No. 03-14-00016-CV ________________________________________ FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD DISTRICT OF TEXAS 12/29/2014 2:53:54 PM AUSTIN, TEXAS JEFFREY D. KYLE __________________________________________ Clerk

WILLIAM CULLEN CHAMPION

Appellant, v.

MARILYN ESTLOW

Appellee. ______________________________________________

On Appeal from the County Court at Law Number One of Travis County, Texas ________________________________________________

UNOPPOSED MOTION FOR LEAVE TO FILE POST-SUBMISSION LETTER BRIEF ________________________________________________

William Cullen Champion, Appellant herein, files this unopposed motion for

leave to file a post-submission letter brief. Appellant respectfully requests that this

Court accept a post-submission letter brief limited to a single issue raised by the

Court in oral argument. In support of this request, Appellant would show the

following:

1. The Court heard oral argument in this case on December 17, 2014. 2. At oral argument, Justice Pemberton raised a question regarding the issue

of waiver of venue objections in a no-answer default judgment. This issue was not

discussed in Appellant’s Brief.

3. Appellant has prepared a short post-submission letter brief addressing

this issue. The letter brief is attached hereto as Exhibit A. Appellant requests

leave to file this letter brief so that the Court may consider the arguments and legal

authorities contained therein.

4. Appellee does not oppose the granting of the motion for leave.

WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court

grant its motion for leave and that the post-submission letter brief attached hereto

as Exhibit A be filed with the papers in this case. Appellant also requests such

other and further relief to which it may be entitled.

Respectfully submitted,

BOURLAND LAW FIRM, P.C. 1 Chisholm Trail, Suite 150 Round Rock, Texas 78681 (512) 477-0100 (512) 477-0154 (facsimile)

BY: /s/ Anna Eby______________ CINDY OLSON BOURLAND State Bar No. 00790343 bourland@bourlandlaw.com ANNA EBY State Bar No. 24059707 eby@bourlandlaw.com ii CERTIFICATE OF CONFERENCE

I hereby certify that, on December 29, 2014, I conferred with counsel for Appellee via electronic mail regarding this motion. Appellee does not oppose the granting of this motion for leave.

/s/ Anna Eby______________ Anna Eby

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of this document was served via electronic service on this the 29th day of December, 2014 on the following:

Jessica Lobes Dickman Law Offices, PLLC 6440 N. Central Expressway, Suite 200 Dallas, Texas 75206

iii ACCEPTED 03-14-00016-CV 3583373 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/23/2014 3:20:56 PM JEFFREY D. KYLE CLERK