NO. 12-15-00257-CV

IN THE TWELFTH COURT OF APPEALS 

TYLER, TEXAS

______________________________________ 

AZLEWAY CHARTER SCHOOL 

AND AZLEWAY, INC., 

 APPELLANTS, 

 

V.

LACY HOGUE 

APPELLEE

_______________________________________ 

ON APPEAL FROM THE COUNTY COURT AT LAW #3

SMITH COUNTY, TEXAS

CAUSE NO 64,330-B 

HON. FLOYD GETZ, PRESIDING

_______________________________

MOTION FOR RECONSIDERATION

_________________________________________ 

WILLIAM S. HOMMEL,JR. 

TEXAS BAR NO. 09934250 

HOMMEL LAW FIRM

1404 RICE ROAD, SUITE 200 

TYLER, TEXAS 75703 

903-596-7100 

469-533-1618 (FACSIMILE) 

ATTORNEY FOR APPELLANTS

ACCEPTED

12-15-00257-CV

TWELFTH COURT OF APPEALS

TYLER, TEXAS

12/22/2015 3:34:32 PM

Pam Estes

CLERK

 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 12/22/2015 3:34:32 PM PAM ESTES Clerk
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TO THE HONORABLE COURT OF APPEALS:

Azleway Charter School and Azleway, Inc., Appellants, make this Motion for 

Reconsideration and would show:

1. Appellants’ brief was due to be filed on November 30, 2015. Appellant

counsel received a notice from the Court regarding the fact that the brief was not 

timely filed; however, the email notice from the Court went to counsel’s junk email 

folder.

1

2. Counsel for Appellants did not willfully ignore the Court’s directive in 

failing to heed the warning of the Court regarding the lateness of Appellants’ brief. 

The failure to file the brief timely was not the result of conscious indifference, but 

was due to inadvertence on the part of counsel. The late briefing notice is the only 

notice from the Court which went to counsel’s junk email folder. The first time this 

matter came to counsel’s attention, was the Court’s dismissal of the appeal. This 

Motion for Reconsideration is filed as soon as possible following the dismissal of 

the appeal.

3. This court has a great deal of discretion in deciding the question of 

whether or not to dismiss an appeal for late filing of briefs. Lueck v. Carter, 466 

S.W.2d 90, 91 (Tex. Civ. App. 1971). Since the case was not set for submission, the 

 

1 See: Ex A – Screenshot of counsel’s junk email folder.
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Appellee will not be materially injured by permitting the Appellant to file a late brief. 

Texaco, Inc. v. Joffrion, 363 S.W.2d 827 (Tex.Civ.App. Texarkana 1962, writ ref'd 

n.r.e.); Montgomery Ward & Co. v. Dalton, 602 S.W.2d 130, 131 (Tex. Civ. App. 

1980). Counsel for Appellants has prepared the brief and submitted it to the Court 

for filing if the Court sees fit to reinstate the appeal.

4. This motion is not made for the purpose of delay, but to that justice 

might be served.

WHEREFORE, Appellants respectfully request the Court reconsider its 

dismissal of the appeal for want of prosecution and upon final consideration reinstate 

the appeal.

Respectfully Submitted,

______________________________

William S. Hommel, Jr.

Hommel Law Firm

1404 Rice Road, Suite 200

Tyler, TX 75703

903-596-7100

469-533-1618 (Facsimile)

Attorney for Appellants
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CERTIFICATE OF CONFERENCE

I certify that before filing this motion I attempted to confer by both telephone 

and email on December 17, 2015, with counsel for appellee, Walter Taylor, and was 

unable to confer.

____________________________________

William S. Hommel, Jr.

CERTIFICATE OF SERVICE

I certify that on December 22, 2015, a true copy of the foregoing Motion for 

Reconsideration was served on all counsel of record via facsimile and email. 

____________________________________

William S. Hommel, Jr.