Filed: Dec. 22, 2016
Latest Update: Dec. 22, 2016
Summary: ORDER PATRICIA O. ALVAREZ , Justice . Appellant Trudy Jane Schuetze Sundin filed her brief on November 2, 2016. Appellee filed his brief on November 18, 2016. On December 7, 2016, Appellant filed a reply brief, a motion for leave to file an amended brief, and the amended brief. See TEX. R. APP. P. 38.7; 4TH TEX. APP. (SAN ANTONIO) LOC. R. 8.4 (noting an amended brief "completely replaces the original brief"). In her opposed motion for leave to the file an amended brief, Appellant notes s
Summary: ORDER PATRICIA O. ALVAREZ , Justice . Appellant Trudy Jane Schuetze Sundin filed her brief on November 2, 2016. Appellee filed his brief on November 18, 2016. On December 7, 2016, Appellant filed a reply brief, a motion for leave to file an amended brief, and the amended brief. See TEX. R. APP. P. 38.7; 4TH TEX. APP. (SAN ANTONIO) LOC. R. 8.4 (noting an amended brief "completely replaces the original brief"). In her opposed motion for leave to the file an amended brief, Appellant notes sh..
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ORDER
PATRICIA O. ALVAREZ, Justice.
Appellant Trudy Jane Schuetze Sundin filed her brief on November 2, 2016. Appellee filed his brief on November 18, 2016. On December 7, 2016, Appellant filed a reply brief, a motion for leave to file an amended brief, and the amended brief. See TEX. R. APP. P. 38.7; 4TH TEX. APP. (SAN ANTONIO) LOC. R. 8.4 (noting an amended brief "completely replaces the original brief").
In her opposed motion for leave to the file an amended brief, Appellant notes she presents no new arguments in her amended brief, she "has simply added a single sentence to the prayer of [the original] brief to request the alternative relief of remand."
This court may permit a party to amend its brief. See TEX. R. APP. P. 38.7; ERC Midstream LLC v. Am. Midstream Partners, LP, 497 S.W.3d 99, 108 n.2 (Tex. App.-Houston [14th Dist.] 2016, no pet.). Because Appellant's amended brief does not present any new argument, we GRANT Appellant's motion for leave to file the amended brief. See ERC Midstream LLC, 497 S.W.3d at 108 n.2. Appellant's amended brief is deemed timely filed. See TEX. R. APP. P. 38.7; 4TH TEX. APP. (SAN ANTONIO) LOC. R. 8.4.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 22nd day of December, 2016.
