ACCEPTED
04-14-00906-cv
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
3/27/2015 2:29:36 PM
KEITH HOTTLE
CLERK
No. 04-14-00906-CV
IN THE FOURTH COURT OF APPEALS
FILED IN
at SAN ANTONIO, TEXAS 4th COURT OF APPEALS
SAN ANTONIO, TEXAS
3/27/2015 2:29:36 PM
DAVID MAUK KEITH E. HOTTLE
Clerk
Appellant
v.
Appellees
PIPE CREEK WATER WELL, LLC and ROBERT RAE POWELL
Cause No. 2013-CI-00386; Appeal from the 408th Judicial District Court,
Bexar County, Texas
APPELLEES’ MOTION FOR LEAVE TO FILE AMENDED BRIEF
TO THE HONORABLE JUSTICES OF THE FOURTH JUDICIAL DISTRICT APPEALS
COURT:
NOW COME, Appellees, ROBERT RAE POWELL and PIPE CREEK WATER WELL,
LLC, and file this Motion for Leave to File Amended Brief and will show as follows:
1. Appellees filed their brief on February 19, 2015.
2. On March 19, 2015, Appellant filed Appellant’s Reply Brief. Therein, Appellant
objects to Appellees’ brief and mistakenly attributes the requirements of an appellant’s brief
enumerated in Texas Rule of Appellate Procedure 38.1 to an appellee’s brief. The requirements
of an appellee’s brief are enumerated in Texas Rule of Appellate Procedure 38.2.
3. Texas Rule of Appellate Procedure 38.2 does not require an appellee’s brief to include
specific citations to the record. However, Appellees’ have amended their brief to include such
citations out of an over abundance of caution and for the ease and convenience of this Honorable
Court.
4. Therefore, Appellees request leave of Court to file an amended brief which includes
citations to the record where appropriate.
PRAYER
Appellees, ROBERT RAE POWELL and PIPE CREEK WATER WELL, LLC pray that
this motion be filed, that leave of Court be granted, and that they have such other relief, in law or
equity, to which they may be justly entitled.
Respectfully submitted,
Law Offices of Keith P. Miller, PC
14350 Northbrook, Suite 150
San Antonio, Texas 78232
Tel: (210) 524-9040
Fax: (210) 267-2982
/S/ Megan H. Kucera
By:
KEITH P. MILLER
State Bar No. 14093725
MEGAN H. KUCERA
State Bar No. 24076449
CERTIFICATE OF SERVICE
I hereby certify by my signature below that a true and correct copy of the foregoing has
been served by:
___ Certified Mail Return Receipt Requested
___ First Class Mail
_X_ Telecopier and/or
___ Hand-delivery
___ EService
To the following:
William M. McKamie
Adolfo Ruiz
McKamie Kruger, LLP
941 Proton Road
San Antonio, Texas 78258
Telecopier: (210) 546-2130
adolfo@mckamiekrueger.com
On the 27h day of March, 2015.
/s/ Megan Kucera
________________________________
Megan H. Kucera
David Mauk v. Pipe Creek Water Well, LLC and Robert Rae Powell
Combined Opinion