Case Information

*1 Fourth Court of Appeals San Antonio, Texas December 22, 2016 No. 04-16-00641-CV IN THE ESTATE OF JACK C. GILBERT, JR., DECEASED , From the County Court at Law, Kendall County, Texas Trial Court No. 16-048-PR Honorable Stephen B. Ables, Judge Presiding O R D E R

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 T EX . R. A PP . P. 38.7; 4 TH T EX . A PP . (S AN A NTONIO ) L OC . 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 T EX . R. A PP . 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 T EX . R. A PP . P. 38.7; 4 TH T EX . A PP . (S AN A NTONIO ) L OC . R. 8.4.

_________________________________ Patricia O. Alvarez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 22nd day of December, 2016.

___________________________________ Keith E. Hottle Clerk of Court