Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 2/26/2015 9:07:58 PM JEFFREY D. KYLE Clerk ASS TTORNEY A , AY B R THIRD COURT OF APPEALS 2/26/2015 9:07:58 PM JEFFREY D. KYLE 03-12-00726-CV AUSTIN, TEXAS *1 ACCEPTED [4306747] CLERK
email: ray@raybass.com 120 West 8 Street Tel. 512-863-8788 Georgetown, Texas 78626 Fax. 512-233-2376
FEBRUARY 26, 2013 JEFFREY D. KYLE, CLERK
THIRD COURT OF APPEALS
P.O. BOX 12547
AUSTIN, TEXAS 78711
RE: MARY LOUISE SERAFINE
v.
ALEXANDER BLUNT & ASHLEY BLUNT NUMBER 03-12-00726-CV
LETTER SUPPLEMENT TO APPELLANT’S BRIEF This case is curently pending on appeal and Appellant wishes to bring to the Court's attention the
recent case of James v. Calkins , 446 S.W.3d 135
(Tex.App.-Houston [1st Dist.] 2014), pet. filed Feb.
3, 2015.
In James v. Calkins the Houston Court of Appeals considered various claims including fraudulent lien,
where the underlying factual basis was that the
defending parties had appeared in court (as a disputed
guardian) and had filed a lis pendens. The court of
appeals found that such claims were "based on, relate
to, or are in response to, the exercise of
[appellants'] right to petition," and therefore
reversed the trial court's denial of a motion to
dismiss under the Texas Citizen Participation Act
("TCPA"). 446 S.W.3d at 150. The court thus ordered
dismissal of the claims with prejudice, and remanded
the case to the trial court for an award costs, fees,
expenses, and sanctions as required by the TCPA. Id .
The court held that the nonmovant's burden, on a motion to dismiss under the TCPA, requires "clear and
specific evidence" within the ordinary meanings of the
words, and that "[c]onclusory statements are not
probative and accordingly will not suffice to
establish a prima facie case. Id . at 150. (citation
omitted).
SINCERELY RAY BASS *3 CERTIFICATE OF COMPLIANCE Pursuant to Rule 9.4(i)(2) the below signed counsel for appellant certifies that the foregoing
Letter Supplement To Appellant’s Brief, excluding the
parts listed in Rule 9.4(i)(1), contains 204 words.
/s/ Ray Bass _____________________ Ray Bass CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Appellant’s Brief has been served via the method indicated
below, to the person(s) noted below on this, the 12 day of
February, 2013.
Doran D. Peters
HAJJAR, SUTHERLAND, PETERS & WASHMON, LLP
1205 Rio Grande Street
Austin, Texas 78701
Attorney For Appellees
Via Email DPeters@hspwlegal.com
Ronald Max Raydon
Law Office of Ronald Max Raydon
1718 Fry Road, Suite 450
Houston, Texas 77084
Attorney For Scott Lockhart, and
Attorney For Austin Drainage & Foundation, LLC
Via Email ron@raydonlaw.com
RAY BASS