Pamela Mehl v. David Stern

ACCEPTED
03-14-00697-CV
5367083
THIRD COURT OF APPEALS
AUSTIN, TEXAS
5/20/2015 4:56:03 PM
JEFFREY D. KYLE
CLERK
CASE NO. 03-14-00697-CV
IN THE THIRD COURT OF APPEALS
STATE OF TEXAS FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
5/20/2015 4:56:03 PM
PAMELA MEHL, § JEFFREY D. KYLE
§ Clerk

Appellant, §
§
v. §
§
DAVID STERN, §
§
Appellee. §

APPELLANT'S MOTION FOR LEAVE TO
FILE AMENDED BRIEF

On Appeal from Cause No. D-1-GN-14-002071
In the 250 111 Judicial District Court
Travis County, Texas

TO THE HONORABLE THIRD DISTRICT COURT OF APPEALS:

COMES NOW, Appellant Pamela Mehl (hereinafter "Appellant") and file

this Motion for Leave to File Amended Brief, and in support thereof would

respectfully show this Com1 as follows:

1. Appellant's Notice of Restricted Appeal was timely filed on

November 4, 2014.

2. On January 12, 2015, an incomplete clerk's record was filed with the

Com1 in this cause.
liP AGE
APPELLANT'S MOTION FOR LEAVE
TO FILE AMENDED BRIEF
 3. Appellant timely filed an Appellate Brief on March 23,2015 utilizing

the incomplete clerk's record.

4. On March 26, 2015, pursuant to Rule 34 of the Texas Rules of

Appellate Procedure, Appellant sent a letter to the Travis County District Clerk

requesting that a supplemental clerk's record be filed with the Comi in this cause.

TEX. R. APP. P. 34.5(c)(1).

5. On April 9, 2015, a complete supplemental clerk's record from the

Travis County District Clerk was filed with the Comi in this cause.

6. The Court has the authority under Rule 38 of the Texas Rules of

Appellate Procedure to afford Appellant leave of Couti to file an amended brief.

TEX. R. APP. P. 38.7 ("A brief may be amended or supplemented whenever justice

requires, on whatever reasonable terms the couti may prescribe.").

7. In the interest of justice, good cause exists to grant Appellant's

Motion for Leave to File Amended Brieffor the following reasons:

(a) The clerk's record filed on January 12, 2015 was incomplete

and omitted relevant evidence in the record that suppmis Appellant's

substantive claims raised in her original brief;

(b) The supplemental clerk's record filed on April9, 2015 contains

the relevant evidence in the record previously omitted that suppmis

Appellant's substantive claims raised in her original brief; and

2!PAGE
APPELLANT'S MOTION FOR LEAVE
TO FILE AMENDED BRIEF
 (c) Through no fault of the Appellant, the supplemental clerk's

record filed on April 9, 2015 was not available to the Court or Appellant

prior to filing her original brief on March 23, 2015 .

(d) The necessity of a complete clerk's record is of particular

import in this case since, as a restricted appeal, this Comt's determination of

Appellant's claims is limited to a review of the face of the record.

NOW, THEREFORE, in the interests of justice and in light of the above,

Appellant respectfully prays that the Court grant this Motion for Leave to File

Amended Brief, and afford such other and further relief to which Appellant may be

justly entitled.

Respectfully submitted,

THE LEFLER LAW FIRM
1530 Sun City Blvd, Ste 119
Austin, Texas 78633
T (512) 869-2579
F (866) 583-7294

s1~~E~~f
State Bar No. 12161040
slefler@leflerlegal.com

LEAD COUNSEL FOR APPELLANT

31P A ( i E
APPELLANT'S MOTION FOR LEAVE
TO F ILE AMENDED BRIEF
 CERTIFICATE OF CONFERENCE

The undersigned counsel conferred with counsel for Appellee by telephone
and by email exchanges on April 13, 2015, and Appellee has no opposition to this
Motion. However, the patties reached an agreement that Appellee would have a
period of 30 days from the date of Appellant's filing of its amendment to its Brief.

CERTIFICATE OF SERVICE

I hereby certify that on the 20111 day of May, 2015, Appellant served
Appellee with a true and correct copy of the foregoing Appellant's Motion for
Leave to File Amended Brief to the following:

Brent Allen Devere
Devere Law Firm
1411 West Avenue, Ste 200
Austin, Texas 78701
bdevere@ 1411 west. com

4IP AGE
APPELLANT'S MOTION FOR LEAVE
TO FILE AMENDED BRIEF