ACCEPTED
01-14-00133-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
6/10/2015 2:26:25 PM
CHRISTOPHER PRINE
CLERK
No. 01-14-00133-CV
___________________________________________________________
FILED IN
1st COURT OF APPEALS
IN THE COURT OF APPEALS HOUSTON, TEXAS
FOR THE FIRST COURT OF APPEALS DISTRICT OF TEXAS
6/10/2015 2:26:25 PM
HOUSTON, TEXAS CHRISTOPHER A. PRINE
Clerk
___________________________________________________________
UNITED SERVICES AUTOMOBILE ASSOCIATION,
Appellant/Cross-Appellee
v.
JOSEPH HAYES, JR. AND JOANNE HAYES,
Appellees/Cross-Appellants
___________________________________________________________
On Appeal from Cause No. 2009-63319
In the 165th Judicial District Court of Harris County, Texas
___________________________________________________________
APPELLANT UNITED SERVICES
AUTOMOBILE ASSOCIATION’S REPLY TO RESPONSE TO ITS
MOTIONS FOR LEAVE TO FILE TWO-PAGE SUPPLEMENT TO ITS
APPELLANT’S BRIEF AND TO EXCEED WORD LIMIT BY 250 WORDS
___________________________________________________________
Levon G. Hovnatanian
State Bar No. 10059825
hovnatanian@mdjwlaw.com
Christopher W. Martin
State Bar No. 13057620
martin@mdjwlaw.com
Kevin G. Cain
State Bar No. 24012371
cain@mdjwlaw.com
MARTIN, DISIERE, JEFFERSON & WISDOM, L.L.P.
808 Travis, 20th Floor
Houston, Texas 77002
(713) 632-1700 – Telephone
(713) 222-0101 – Facsimile
TO THE HONORABLE COURT OF APPEALS:
Comes now the appellant/cross-appellee, United Services Automobile
Association, and respectfully files this reply to the response to its motions for leave
to file the two-page supplement to its appellant’s brief and to exceed the word limit
by 250 words.
Texas courts’ “consistent policy has been to apply rules of procedure
liberally to reach the merits of the appeal whenever possible.” Warwick Towers
Council of Co–Owners v. Park Warwick, L.P., 244 S.W.3d 838, 839 (Tex. 2008);
accord Stumhoffer v. Perales, 2015 WL 730592, at *3 (Tex. App.—Houston [1st
Dist.] 2015, pet. filed). That is the reason that USAA filed its motions—to ensure
that USAA has briefed the points at issue specifically in its capacity as an
appellant.
The Hayes say that “the rules of appellate procedure do not allow an
appellant to include in a reply brief a new issue in response to some matter pointed
out in the appellee’s brief but not raised in the appellant’s opening brief” and “[a]n
appellant is required to present all issues to be considered on appeal in appellant’s
brief.” Response at 3. That is why USAA asked for leave to supplement
specifically its opening brief as appellant—to ensure that USAA has briefed the
points at issue in that particular brief.
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USAA’s supplement to its appellant’s brief is two pages long. The Court
has filed it, and the Hayes are of course free to respond to it.
USAA respectfully asks the Court to grant its motions.
Respectfully submitted,
MARTIN, DISIERE, JEFFERSON & WISDOM, L.L.P.
By: /s/ Kevin G. Cain
Levon G. Hovnatanian
State Bar No. 10059825
hovnatanian@mdjwlaw.com
Christopher W. Martin
State Bar No. 13057620
martin@mdjwlaw.com
Kevin G. Cain
State Bar No. 24012371
cain@mdjwlaw.com
808 Travis, 20th Floor
Houston, Texas 77002
(713) 632-1700 – Telephone
(713) 222-0101 – Facsimile
ATTORNEYS FOR APPELLANT
UNITED SERVICES AUTOMOBILE
ASSOCIATION
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CERTIFICATE OF COMPLIANCE
This is to certify that this computer-generated APPELLANT UNITED
SERVICES AUTOMOBILE ASSOCIATION’S REPLY TO RESPONSE TO ITS
MOTIONS FOR LEAVE TO FILE TWO-PAGE SUPPLEMENT TO ITS
APPELLANT’S BRIEF AND TO EXCEED WORD LIMIT BY 250 WORDS
contains 251 words.
/s/ Kevin G. Cain
Kevin G. Cain
Dated: June 10, 2015
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of this APPELLANT UNITED
SERVICES AUTOMOBILE ASSOCIATION’S REPLY TO RESPONSE TO ITS
MOTIONS FOR LEAVE TO FILE TWO-PAGE SUPPLEMENT TO ITS
APPELLANT’S BRIEF AND TO EXCEED WORD LIMIT BY 250 WORDS has
been served on the following individuals on this, the 10th day of June, 2015, via
electronic filing, with a courtesy copy sent via e-mail to Jennifer Bruch Hogan:
Jennifer Bruch Hogan
jhogan@hoganfirm.com
Richard P. Hogan, Jr.
rhogan@hoganfirm.com
HOGAN & HOGAN
909 Fannin, Suite 2700
Houston, Texas 77010
René M. Sigman
rmsigman@mostynlaw.com
THE MOSTYN LAW FIRM
3810 W. Alabama Street
Houston, Texas 77027
Randal Cashiola
rcashiola@cashiolabeanlaw.com
CASHIOLA & BEAN
2090 Broadway Street, Suite A
Beaumont, Texas 77701
/s/ Kevin G. Cain
Kevin G. Cain
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