ACCEPTED
03-14-00315-CV
6573044
THIRD COURT OF APPEALS
AUSTIN, TEXAS
8/19/2015 9:34:30 PM
JEFFREY D. KYLE
CLERK
CAUSE NO. 03-14-00315-CV
FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
8/19/2015 9:34:30 PM
IN THE THIRD COURT OF APPEALS JEFFREY D. KYLE
Clerk
AUSTIN, TEXAS
JADON NEWMAN
Appellant
v.
FIRSTMARK CREDIT UNION
Appellee
APPELLANT’S SECOND OPPOSED
MOTION FOR LEAVE TO FILE REPLY BRIEF
Respectfully submitted,
Peter C. Ruggero
RUGGERO LAW FIRM PC
SBN 24044377
1411 West Ave Ste 200
Austin TX 78701
peter@ruggerolaw.com
and
Craig S. Smith
SBN 18553570
14493 S.P.I.D., suite A, P.M.B. 240
Corpus Christi, Tx. 78418
361 728 8037
csslawrr@gmail.com
ORAL ARGUMENT REQUESTED
TO THE HONORABLE THIRD COURT OF APPEALS:
Comes now Appellant Jadon Newman, respectfully showing the Court as
follows:
1. Appellant is Jadon Newman; Appellee is Firstmark Credit Union.
2. This motion is filed on August 19, 2015. Appellees' Brief was filed
on November 12, 2015. Appellant's reply brief, after first extension granted, was
due on January 8, 2015.
3. This is Appellant's second motion for leave to file this Reply Brief.
4. Appellant requests leave to file this brief based on the facts stated
below.
5. Appellant Newman hired Peter Ruggero as counsel in relation to post-
judgment trial representation. He subsequently and recently retained Ruggero to
serve as co-counsel in relation to the appeal. Co-counsel Ruggero reviewed the
record and determined Firstmark failed to attach a key document to its summary
judgment motion, and therefore failed to conclusively establish its right to
summary judgment. In this reply brief Appellant Newman explains why this
defect in Firstmark’s proof requires a new trial, and squarely brings it to this
Honorable Court’s attention. Newman respectfully renews his request for oral
argument on the cover of his reply brief.
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PRAYER
Newman respectfully moves the Court to grant leave to file this brief, to set
this case for oral argument, and for all other relief to which he is entitled.
CERTIFICATE OF CONFERENCE
Peter Ruggero, counsel for Newman, conferred with counsel for Firstmark,
and Firstmark opposes this motion for leave.
Respectfully submitted,
/s/ Peter C. Ruggero
Peter C. Ruggero
RUGGERO LAW FIRM PC
SBN 24044377
1411 West Ave Ste 200
Austin TX 78701
peter@ruggerolaw.com
-and-
Craig S. Smith
SBN 18553570
14493 S.P.I.D., suite A, P.M.B. 240
Corpus Christi, Tx. 78418
361 728 8037
csslawrr@gmail.com
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CERTIFICATE OF COMPLIANCE
This document complies with the typeface requirements of TEX. R. APP. P.
9.4(e) because it has been prepared in a conventional typeface no smaller than 14-
point for text and 12-point for footnotes. This document also complies with the
word-count limitations of TEX. R. APP. P. 9.4(i), if applicable, because it contains
208 words.
/s/ Peter C. Ruggero
Peter C. Ruggero
CERTIFICATE OF SERVICE
On August 19, 2015, in compliance with Texas Rule of Appellate Procedure
9.5, I served this document by e-service, e-mail, facsimile, or mail to the
following:
Lessie Gilstrap Fitzpatrick
lfitzpatrick@fbhh.com
Lisa C. Fancher
lfancher@fbhh.com
Christine E. Burgess
cburgess@fbhh.com
98 San Jacinto Blvd., Suite 2000
Austin, Texas 78701
(512) 476-2020 phone
(512) 477-5267 fax
Counsel for Appellees
/s/ Peter C. Ruggero
Peter C. Ruggero
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Jadon F. Newman v. Firstmark Credit Union
Combined Opinion