James Clinton Coyle v. Coyle Family Farm, Inc.

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

4