ACCEPTED
04-14-00707-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
3/6/2015 10:54:03 AM
KEITH HOTTLE
THE LAW OFFICE OF CLERK
AUDREY MULLERT VICKNAIR
FROST BANK PLAZA
802 NORTH CARANCAHUA, SUITE 1350
CORPUS CHRISTI, TEXAS 78401-0022 FILED IN
4th COURT OF APPEALS
TELEPHONE: (361) 888-8413 SAN ANTONIO,
BOARD CERTIFIED TEXAS
TELECOPIER: (361) 887-6207 CIVIL APPELLATE LAW
E-MAIL: avicknair@vicknairlaw.com 03/6/2015
TEXAS BOARD OF LEGAL 10:54:03 AM
SPECIALIZATION
KEITH E. HOTTLE
Clerk
March 6, 2015
Hon. Keith E. Hottle, Clerk e-file
Fourth Court of Appeals
Cadena-Reeves Justice Center
300 Dolorosa, Ste. 3200
San Antonio, Texas 78205-3037
Re: Cause No. 04-14-00707-CV, Broquet v. Walter Mortgage Company, LLC,
et al.
Dear Mr. Hottle:
On February 6, 2015, Appellants filed their Brief with this Court, failing to cite
any reference to the appellate record. On February 11, 2015 this Court issued an order
striking the brief accordingly and requiring Appellant to amend. On March 2, 2015,
Appellant filed an amended brief. That brief still does not cite any reference to the
appellate record. The Appendix that is attached is an affidavit from named Appellant
Melissa Broquet, dated March 2, 2015, the date the brief was filed. That affidavit is
obviously nowhere included in the official appellate record, because it was created long
after the fact. The same holds true for the affidavit attached to the original brief – it too
was created the day the brief was filed. A review of Appellant’s Amended Brief will
show that the entire document – the Statement of Facts through the Argument and Prayer
– is based on the statements made in this outside-the-record affidavit. The brief nowhere
relies on the official appellate record.
Because the amended brief fails to comply with the court’s order, for the same
reasons the original brief was struck, Appellees contend that the amended brief should be
struck as well. There is nothing properly before the Court to which Appellees can
respond. Currently, Appellees have a briefing deadline of April 1, 2015. We pray the
Court to remove that deadline and either dismiss this appeal or require Appellant to
rebrief one final time, without the use of affidavits created outside the record.
Thank you as always for your courtesies.
Mr. Keith E. Hottle
March 6, 2015
Page 2 of 2
Respectfully submitted,
/s/ Audrey Mullert Vicknair
Audrey Mullert Vicknair
Counsel for Appellees Walter Mortgage
Company LLC, et al.
Cc: by tex.gov e-filing: Mr. Hector Gonzalez, attorney for Appellant