NO. 03-14-00080-CV

______________________________________ 

IN THE COURT OF APPEALS 

THIRD JUDICIAL DISTRICT 

AUSTIN, TEXAS 

______________________________________ 

GATTIS ELECTRIC, INC. 

 Appellant, 

v.

THERESA MARIE MANN, INDIVIDUALLY, AND AS GUARDIAN OF THE 

PERSON AND ESTATE OF JAMES LAWHON, 

 Appellee. 

______________________________________ 

On Appeal from the 126th Judicial District Court 

of Travis County, Texas 

Trial Court No. D-1-GN-12-001971 

______________________________________ 

APPELLANT’S MOTION FOR LEAVE 

TO FILE POST-SUBMISSION BRIEF 

______________________________________ 

TO THE JUSTICES OF THE THIRD COURT OF APPEALS: 

1. Appellees filed a post-submission letter of supplemental authority on 

July 13, 2015. 

2. Appellant, Gattis Electric, Inc., seeks to file a response. Accordingly, 

Appellant requests leave of Court to file its post-submission letter brief, tendered 

for filing simultaneously with this motion. 

ACCEPTED

03-14-00080-CV

6164013

THIRD COURT OF APPEALS

AUSTIN, TEXAS

7/21/2015 4:31:41 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/21/2015 4:31:41 PM JEFFREY D. KYLE Clerk
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3. Appellees’ letter discussed a recent Texas Supreme Court decision. 

Austin v. Kroger Texas, L.P., No. 14-0216, 2015 WL 3641066 (Tex. June 12, 

2015). However, Appellees are misconstruing the effect of Austin and quote it out 

of context. Appellant desires to respond and explain its position as to whether 

Austin has any impact at all on this case. To the extent it does, Austin supports 

Appellant’s arguments. 

4. A party’s brief may be amended or supplemented whenever justice 

requires and on whatever terms the appellate court may prescribe. TEX. R. APP. P. 

38.7. As noted by Appellees in their motion for leave to file their letter of 

supplemental authority, Appellant Gattis should have the opportunity to respond to 

their arguments. 

PRAYER

Therefore, for the above reasons, Appellant, Gattis Electric, Inc., 

respectfully requests the Court to grant leave to file its post-submission letter brief 

tendered simultaneously herewith. Appellant further requests general relief.
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Respectfully submitted, 

CHAMBERLAIN, HRDLICKA, WHITE

WILLIAMS & AUGHTRY

By: /s/ Kevin D. Jewell

Kevin D. Jewell

Texas Bar No. 00787769

1200 Smith Street, Suite 1400

Houston, Texas 77002

Telephone: (713) 654-9620

Facsimile: (713) 658-2553

ATTORNEYS FOR APPELLANT,

GATTIS ELECTRIC, INC.

CERTIFICATE OF CONFERENCE

I certify that the undersigned conferred by email with counsel for Appellees

on July 21, 2015, and Appellees are unopposed. 

/s/ Kevin D. Jewell

Kevin D. Jewell
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CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing was served on this 21st

day of July, 2015, by facsimile and/or certified mail, return receipt requested to the 

attorneys and/or parties contained in the attached service list.

Via electronic service

D. Todd Smith

Smith Law Group, P.C.

1250 Capital of Texas Highway South

Three Cielo Center, Suite 601

Austin, Texas 78746

Via electronic service

Henry Moore

Jayme Bomben

316 W. 12th St., Suite 318

Austin, Texas 78701

Via electronic service

Sally S. Metcalfe

Metcalfe Law, P.L.L.C.

901 South Mopac Expressway

Plaza One, Suite 300

Austin, Texas 78746

/s/ Kevin D. Jewell

Kevin D. Jewell