No. 01-15-00067-CV 

IN THE COURT OF APPEALS 

FOR THE FIRST DISTRICT OF TEXAS 

HOUSTON, TEXAS 

RESIDENTIAL CREDIT SOLUTIONS, INC., 

Appellant, 

v. 

MARTHA BURG, 

Appellee. 

Appealed from the 281 st Judicial District Court 

of Harris County, Texas 

Trial Court Cause No. 2013-47157 

RESPONSE IN OPPOSITION TO 

APPELLEE'S MOTION FOR DAMAGES FOR FRIVOLOUS APPEAL 

Nathan J. Milliron 

State Bar No. 24030984 

HUGHES WATTERS ASKANASE, L.L.P. 

Three Allen Center 

333 Clay, 29th Floor 

Houston, Texas 77002 

(713) 759-0818 (Telephone) 

(713) 759-6834 (Facsimile) 

nmilliron@hwa.com (Email) 

ATTORNEY FOR APPELLANT 

ACCEPTED

01-15-00067-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

7/10/2015 4:22:24 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 7/10/2015 4:22:24 PM CHRISTOPHER A. PRINE Clerk
Appellant, Residential Credit Solutions, Inc., files this Response tn 

Opposition to Appellee's Motion for Damages for Frivolous Appeal. 

Appellee seeks damages for a frivolous appeal based largely on the fact that 

Appellant did not file a Reply Brief on or before June 17, 2015. However, the 

rules do not require Appellant to file a Reply Brief. 1 

· Appellee also alleges that Appellant delayed this appeal by failing to file a 

Notice of Appeal with the Court of Appeals, as required by TEx. R. APP. 25(e). 

Again, there is no such requirement (or rule). The Rules state that, "an appeal is 

perfected when a written notice of appeal is filed with the trial court clerk. "

2 

Service on the Court of Appeals is not required. 3 Appellant has no control over 

how long the District Clerk's office takes to send the Notice of Appeal on to the 

Court of Appeals. 

This is an appeal from a summary judgment. Appellant believes that its 

Appellant's Brief adequately articulates the facts at issue in this case and is 

sufficient for the Court to review the trial court's judgment de novo. Appellant's 

choice to not file a Reply Brief should not be considered a tacit admission that 

Appellant's appeal is frivolous and Appellant is entitled to have its appeal 

determined on the merits. 

1 See TEX. R. APP. P. 38.3 ("The appellant may file a reply brief addressing any matter in the appellee's brief.) 

(emphasis added); see also TEX. R. APP. P . .38.6(c) ("A reply brief, if any, must be filed within 20 days after the date 

the appellee's brief was filed) (emphasis added). 

2 TEX. R. APP. P. 25.1(a). 
Appellant asks this Court to deny Appellee's Motion for Damages for 

Frivolous Appeal and award Appellant such other and further relief, at law or in 

equity, to which it may be justly entitled. 

Respectfully submitted, 

HUGHES WATTERS ASKANASE, LLP 

N atha ill iron 

State Bar No. 24030984 

Three Allen Center 

333 Clay, 29th Floor 

Houston, Texas 77002 

(713) 759-0818 (Telephone) 

(713) 759-6834 (Facsimile) 

nmil~iron@hwa.com (E-mail) 

ATTORNEY FOR APPELLANT 

3 TEX. R. APP. P. 25.1(e) ("The notice of appeal must be served on all parties to the trial court's fmaljudgment or, in 

an interlocutory appeal, on all parties to the trial court proceeding.") 
CERTIFICATE OF SERVICE 

I hereby certify that a true and correct copy of the foregoing Appellant's 

Response in Opposition to Appellee's Motion for Damages for Frivolous Appeal 

was served upon all parties and/ or their attorneys of record, in accordance with the 

Texas Rules of Civil Procedure, on this the 101

h day of July 2015, addressed as 

follows: 

Via Electronic Mail at moconnor@oconnorcraig.com 

Mr. Michael C. O'Connor 

O'Connor, Craig, Gould, Evans & Rohr 

2500 Tanglewilde, Suite 222 

Houston, Texas 77063