Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 1/23/2015 11:55:42 AM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-14-00082-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 1/23/2015 11:55:42 AM CHRISTOPHER PRINE CLERK No. 01-14-00082-CV __________________________________________________________
IN THE COURT OF APPEALS
FOR THE FIRST DISTRICT OF TEXAS
AT HOUSTON __________________________________________________________
MARY LYNN KANTARA GERKE
V.
JAMIL “JAMES” KANTARA APPELLEE’S RESPONSE TO APPELLANT’S RESPONSE TO
APPELLEE’S MOTION TO STRIKE
BRIEF OF APPELLANT __________________________________________________________________
TO THE HONORABLE COURT OF APPEALS:
Appellee, Jamil “James” Kantara (“James”), files this Appellee’s Response
to Appellant’s Response to Appellee’s Motion to Strike Brief of Appellant. Appellant, in paragraph 4 of her Response to Appellee’s Motion to
Strike Brief of Appellant , states the original Appellant’s Brief filed pro se on
December 9, 2014 by Appellant was labeled as “received” and not “filed” on this
Court’s website.
2. Appellant fails to point this Court to the first page of Appellant’s Brief
where it is clearly file stamped “Filed in the 1 st Court of Appeals, Houston, Texas,
December 9, 2014, Christopher Prine, Clerk.”
3. Additionally, in paragraph 2 of her Response , Counsel for Appellant
knew Appellant filed her Appellant’s Brief pro se.
4. Neither Appellant nor Appellant’s counsel attempted to withdraw
Appellant’s Brief prior to the date Appellee’s Brief was due.
5. Appellant further argues, “this Court never generated notice to
counsel that Appellant’s Brief had been filed or that Appellee’s Brief was due.”
6. While it is greatly appreciated by all who come before this Court, this
Court’s diligence in notifying all parties when briefs are due is not required by the
Rules. Failure by this Court to notify a party when a brief is due does not extend
the appellate timelines. TRAP 9.5(a) requires the filing party to serve notice of all
filings on all parties. Appellant timely notified Appellee she filed her brief.
7. Appellee filed his Response to Appellant’s Brief within the timeline
set forth in TRAP 38.6(b). It would offend traditional notions of fair play and substantial justice
to: (i) allow Appellant to file an Appellant brief pro se never withdrawing same,
(ii) knowingly allow the appellee timeline to run, (iii) require Appellee to file a
reply brief, (iv) allow counsel for Appellant to claim Appellant did not have
authority to file an Appellant brief, and (v) allow Appellant to file a second
Appellant brief. Therefore, Appellee respectfully requests this Court grant Appellee’s
Motion to Strike Brief of Appellant.
Respectfully submitted, Wilfried P. Schmitz & Associates, P.C. BY: _________________________ Wilfried P. Schmitz Texas Bar No. 17778700 17040 El Camino Real, Suite 400 Houston, Texas 77058 Phone: (281) 486-5066 Email: Court_Documents@schmitzlaw.com Attorney for Jamil “James” Kantara *4 CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing Appellee’s
Response to Appellant’s Response to Appellee’s Motion to Strike Brief of Appellant
has this 23 rd day of January, 2015, been sent pursuant to T.R.A.P. 9.5 (b)(1) by
electronic mail, to the following:
Ashley Tomlinson 1800 Saint James Place, Suite 620
Houston, TX 77056 eserviceavt@dalefamilylaw.com
Douglas York 3355 W. Alabama, Suite 100 Houston, Texas 77098 york@douglasyork.com Wilfried P. Schmitz