Case Information

*0 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 03/6/2015 10:54:03 AM KEITH E. HOTTLE Clerk *1 ACCEPTED 04-14-00707-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 3/6/2015 10:54:03 AM KEITH HOTTLE T HE L AW O FFICE OF CLERK

A UDREY M ULLERT V ICKNAIR F ROST B ANK P LAZA

802 N ORTH C ARANCAHUA , S UITE 1350

C ORPUS C HRISTI , T EXAS 78401-0022

T ELEPHONE : (361) 888-8413 B OARD C ERTIFIED T ELECOPIER : (361) 887-6207 C IVIL A PPELLATE L AW E-M AIL : avicknair@vicknairlaw.com T EXAS B OARD OF L EGAL S PECIALIZATION

March 6, 2015

Hon. Keith E. Hottle, Clerk e-file

Fourth Court of Appeals

Cadena-Reeves Justice Center

300 Dolorosa, Ste. 3200

San Antonio, Texas 78205-3037

Re: Cause No. 04-14-00707-CV, Broquet v. Walter Mortgage Company, LLC,

et al.

Dear Mr. Hottle:

On February 6, 2015, Appellants filed their Brief with this Court, failing to cite

any reference to the appellate record. On February 11, 2015 this Court issued an order

striking the brief accordingly and requiring Appellant to amend. On March 2, 2015,

Appellant filed an amended brief. That brief still does not cite any reference to the

appellate record. The Appendix that is attached is an affidavit from named Appellant

Melissa Broquet, dated March 2, 2015, the date the brief was filed. That affidavit is

obviously nowhere included in the official appellate record, because it was created long

after the fact. The same holds true for the affidavit attached to the original brief – it too

was created the day the brief was filed. A review of Appellant’s Amended Brief will

show that the entire document – the Statement of Facts through the Argument and Prayer

– is based on the statements made in this outside-the-record affidavit. The brief nowhere

relies on the official appellate record.

Because the amended brief fails to comply with the court’s order, for the same

reasons the original brief was struck, Appellees contend that the amended brief should be

struck as well. There is nothing properly before the Court to which Appellees can

respond. Currently, Appellees have a briefing deadline of April 1, 2015. We pray the

Court to remove that deadline and either dismiss this appeal or require Appellant to

rebrief one final time, without the use of affidavits created outside the record.

Thank you as always for your courtesies.

Mr. Keith E. Hottle

March 6, 2015

Page 2 of 2

Respectfully submitted,

/s/ Audrey Mullert Vicknair

Audrey Mullert Vicknair

Counsel for Appellees Walter Mortgage

Company LLC, et al.

Cc: by tex.gov e-filing : Mr. Hector Gonzalez, attorney for Appellant