FILED IN
1ST COURT OFAPPEALS
HOUSTON,TEXAS
NO. 01-14-00082-CV
JAN %2 2015
IN THE COURT OF APPEALS CHRISTOPHEB A PBJNE
rrOPHEBAPR»
CLERK
FOR THE FIRST DISTRICT OF TEXAS
AT HOUSTON, TEXAS
MARY LYNN KANTARA GERKE
v.
JAMIL JAMES KANTARA
APPELLANT'S MOTION REQUESTING THE COURT TO ORDER
APPELLANT'S ATTORNEY TO REBRIEF HER CASE
TO THE HONORABLE COURT OF APPEALS:
Comes now, Mary Lynn Kantara Gerke, pro se, and asks this Honorable
Court to order appellant's attorney to resubmit her brief to include a specific
request within her conclusion and prayer, that the trial court's findings that Ms.
Kantara Gerke's case was frivolous and for the purposes of harassment be voided
and in support would show:
1. This issue is^;. clearly spelled out within appellant's First Supplemental
Request For Partial Record And Statement Of The Issues filed October 24,
2014 (3rd Supplemental Clerk's Record, Page 46)
2. Ms. Tomlinson filed a brief in this case on January 9, 2015 which was
accepted on January 12, 2015. Within the brief, she failed to include a
specific request within her conclusion and prayer, seeking to void the trial
court's findings that Ms. Kantara Gerke's case was frivolous and for the
purposes of harassment.
3. Ms. Kantara Gerke's is unsure why this was omitted, but there have been
concerns related to Ms. Tomlison's desire to withdraw from this case. Ms.
Kantara Gerke believes she had made it clear to her attorney that this issue
was important to her and should be included. Ms. Kantara Gerke is not an
attorney and wants to be sure she does not lose an issue, important to her, on
a technical error.
4. Ms. Tomlinson has already made the arguments to support the request that
the findings of frivolous and harassment should be voided. (Issue #2, Section
B of her brief)
5. Ms. Kantara Gerke believes the additional request is important, meritorious
and not frivolous in nature and deserves to be included in the interest of
justice and for the welfare of the children.
6. Appellant's attorney will be only minimally burdened by the granting of this
request, because the requested change can be added and the document
resubmitted electronically. While not an attorney, Ms. Kantara Gerke
believes the arguments on the issue are already presented within the brief
Ms. Tomlinson filed.
7. Appellee will not be harmed by the granting of this motion, because appellee
has submitted a reply brief and addressed this issue directly. {Jamil "James "
Kantara's Reply Brief filed January 7, 2015, pages 36-39)
8. Ms. Kantara Gerke believes this Honorable Court has authority to grant this
motion under TRAP in particularly TRAP 38.9(b).
Mary Lynn Kantara Gerke asks this Honorable Court to order Ms.
Tomlinson to resubmit her brief in this case to include an explicit request within
her conclusion and prayer, concerning the voiding of the findings of frivolous and
harassment. In the alternative, Mary Lynn Kantara Gerke respectfully requests that
this Honorable Court accept this motion by Ms. Kantara Gerke as a supplemental
request to Ms. Tomlinson's filed brief that in addition to the conclusion and prayer
already filed, that "Mary Lynn Kantara Gerke requests that this Honorable Court
vacate the findings that Mary Lynn Kantara Gerke's suit wasfrivolous andfor the
purposes ofharassment and that saidfindings are void", Ms. Kantara Gerke asks
for any other relief she may be entitled to in law or in equity.
-3-
Respectfully submitted,
Mary Lynn Kantara Gerke, pro se
707 Almond Pointe
League City, TX 77573
Tel: (281) 332-8858
Fax:(281)290-0004
CERTIFICATE OF SERVICE
On January 20, 2015 a copy of APPELLANT'S MOTION REQUESTING THE
COURT TO ORDER APPELLANT'S ATTORNEY TO REBRIEF HER CASE was
served, in compliance with Texas Rules ofAppellate Procedure 9.5 and 25.1(e), on
the following in the manner listed below:
Mary Lynn Kantara Gerke, pro se
707 Almond Pointe
League City, TX 77573
Tel: (281) 332-8858
Fax:(281)290-0004
Ashley V. Tomlinson, Attorney At Law Viafax
1800 St. James Place, Suite 620
Houston, Texas 77056
Phone: (713)600-1717
Fax: (713)600-1718
Mr. Wilfred Schmitz, Attorney At Law Viafax
17040 El Camino Real, Suite 400
Houston, Texas 77058
Attorney of record for Mr. Kantara
Phone: (281)486-5066
Fax: (281)486-2041
Honorable Christopher A. Prine, Clerk of the Court By Mail
First Court of Appeals
301 Fannin Street
Houston, Texas 77002-2066
USPS TR ACKDNG NUMBER
U.S. POSTAGE
*"\0 "A AcvAA,o^r> ro« mMary Lynn Kantara Gerke v. Jamil James Kantara
Combined Opinion