Aaron Chevalier v. W.M. Roberson

FILED IN 1ST COURT OF APPEALS HOUSTON. TEXAS NOV 16 2015 CHRISTSPHEH^A. BRINE Case No. 01-15-00225-CV CLER Aaron Chevalier IN THE COURT OF APPEALS Appellant-Tenant Vs FIRST JUDICIAL DISTRICT W M Roberson, Appellee-Landlord (ProSe) HOUSTON, TEXAS On Appeal from Judgment No. 1058132 County Civil Court at Law No. One Hon. Debra Ibarra Mayfield, Judge Houston, Texas APPELLEE'S MOTION TO FILE FIRST AMENDED BRIEF MAY IT PLEASE THE HONORABLE COURT: W M Roberson, appellee-landlord (pro se), respectfully submits this Motion to File First Amended Brief under the Tex. R. App. P. 38.7, showing: Both parties obtained 30-days extension of time to file the Appellant's brief on August 25,2015, and the Appellee's brief on Oct. 26, 2015. Appellee will need an extension of time to review the Appellant's cited case laws, and prepare his defense, and no other extension except for Appellant's has been previously requested. The TEX. R. APP. P. 38.1(g) states that the statement of facts portion of an appellant's brief "must be supported by record references." Appellant's Brief violates this rule by providing no recorder's record citations. Therefore, the Appellant has had to review his notes and over 200-pages of exhibits, and after double-checking the briefs' facts, laws, and citations, there are errors and omissions therein which should be amended in the interest of justice. Moreover, this case has not been set for submission to a panel of this Court, and no harm will result from granting this motion to file the accompanying First Amended Brief submitted herewith. WHEREFORE, the Court should grant this request and order that the First Amended Brief is timely filed on today's date, to wit: Nov. l(f, 2015. Certificate of Service On this day I certify that a copy of this document was mailed to counsel of record, Nasischa Biscette, 1811 Bering Dr., #300, Houston, TX 77057. Certificate of Conference On this day I certify that I have conferred or made a reasonable attempt to confer with all counsel of record about the merits of this motion which is unopposed or un-responded to. Respectfully submitted, /WM Dated: Udldf. W M Roberson P.O. Box 842583 Houston, Texas 77284-2583 Appellee-Landlord (Pro Se) FILED IN 1ST COURT OF APPEALS HOUSTON, TEXAS Nov. ]£ 2015 NOV 16 2015 CHRIST0PHEaA£RINE Hon. Christopher A. Prine cleri< Clerk of the Court First Court of Appeals 301 Fannin Street Houston, Texas 77002-2066 RE: Case No. 01-15-00225-CV, Aaron Chevalier -vs- W M Roberson TC #1058132, Co. Civ. Ct. at Law No. 1, Hon. Debra I. Mayfield, Judge Dear Hon. Clerk; Please file in the above referenced case, an original plus 4-copies of: 1) APPELLEE'S MOTION TO FILE AMENDED BRIEF, And 2) FIRST AMENDED BRIEF FOR APPELLEE (PRO SE), Also enclosed is my $10.00 money order for the filing fee. Counsel of record was served by certificate of service. Your courteous assistance Is greatly appreciated! Respectfully, W M Roberson P.O. Box 842583 Houston, TX 77284-2583 Appellee (Pro Se)