ACCEPTED
01-14-00082-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
1/23/2015 8:15:52 AM
CHRISTOPHER PRINE
CLERK
NO. 01-14-00082-CV
FILED IN
1st COURT OF APPEALS
IN THE COURT OF APPEALS HOUSTON, TEXAS
1/23/2015 8:15:52 AM
FOR THE FIRST DISTRICT OF TEXASCHRISTOPHER A. PRINE
Clerk
AT HOUSTON
MARY LYNN KANTARA GERKE
V.
JAMIL “JAMES” KANTARA
RESPONSE TO APPELLEE’S MOTION TO STRIKE BRIEF OF
APPELLANT
TO THE HONORABLE COURT OF APPEALS:
Appellant files this response to Appellee’s Motion to Strike Brief of
Appellant.
1. On December 9, Appellant filed through counsel her Motion for Extension of
Time to File Appellant’s Brief.
2. After filing the Motion for Extension, counsel received notice of Appellant’s
Pro Se Motion for Leave to File Pro Se Brief, as well as a copy of her pro se
brief.
3. On December 10, 2015, this Court sent notice to all counsel that it granted the
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Motion for Extension of Time with notice that Appellant’s brief would be due
on January 9, 2015.
4. This Court did not rule on Appellant’s Motion for Leave to File Pro Se Brief
and never filed Appellant’s pro se brief. In fact, on this Court’s site,
Appellant’s pro se brief is labeled as “received,” not “filed.” Moreover, upon
receiving Appellant’s pro se brief, this Court never generated notice to counsel
that Appellant’s brief had been filed or that Appellee’s brief was due.
5. On Friday, January 9, 2015, counsel timely filed Appellant’s Brief, pursuant to
this Court’s December 10 order.
6. The brief was initially rejected because the appendices had not been filed as a
single document. Pursuant to the clerk’s instructions, Appellant re-filed her
brief on Monday, January 12, 2015.
7. On January 12, 2015, this Court issued notice to all counsel that Appellant’s
brief had been filed and that Appellee’s brief was due on February 11, 2015.
8. Because Appellant’s Pro Se brief was never filed, Appellant’s Brief re-filed on
January 12, 2015 complies with the briefing requirements under the Texas
Rules of Appellate Procedure.
9. Therefore, Appellant respectfully requests that this Court deny Appellee’s
Motion to Strike.
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Respectfully submitted,
LAURA DALE & ASSOCIATES, P.C.
By:/s/ Ashley V. Tomlinson
Ashley V. Tomlinson
1800 St. James Place, Suite 620
Houston, Texas 77056
Tel: (713) 600-1717
Fax: (713) 600-1718
State Bar No. 24075170
E-Service:
eserviceavt@dalefamilylaw.com
Non-Service:
atomlinson@dalefamilylaw.com
Attorney for Mary Kantara Gerke
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CERTIFICATE OF SERVICE
I certify that on this 23nd day of January, 2015, a true and correct copy of the foregoing
document was served in accordance with the Texas Rules of Civil Procedure as follows:
Mr. Wilfried Schmitz
17040 El Camino Real, Suite 400
Houston, Texas 77058
Attorney of record for Mr. Kantara
Via E-Service
Douglas York
3355 W Alabama, Suite 100
Houston, TX 77098-1863
Amicus Attorney
Via E-Service
/s/ Ashley V. Tomlinson
ASHLEY V. TOMLINSON
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