Mary Lynn Kantara Gerke v. Jamil James Kantara

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