No. 4-04-00582-CV

IN THE COURT OF APPEALS FOR THE

FOURTH COURT OF APPEALS DISTRICT

SAN ANTONIO, TEXAS

_____________________________________

RONALD F AVERY

APPELLANT

VS.

GUADALUPE-BLANCO RIVER AUTHORITY

MR. WILLIAM E. WEST JR.; MR. DAVID WELSCH

APPELLEES

____________________________________

ON APPEAL FROM THE 25TH JUDICIAL DISTRICT COURT

GUADALUPE COUNTY, TEXAS

THE HONORABLE B. B. SCHRAUB, JUDGE PRESIDING

_____________________________________

APPELLANT’S MOTION FOR LEAVE TO FILE

APPELLANT’S SECOND AMENDED BRIEF AND APPENDIX

_____________________________________

 

TO THE HONORABLE FOURTH COURT OF APPEALS:

 

Now comes Ronald F. Avery, Appellant, with his motion to Leave and File his Second Amended Brief and Appendix and would show the Court the following:

1.  Time is of the Essence:

 

The Appellant has made “time is of the essence” a priority over other matters of form. As a result typographic errors have been missed in his First Amended Brief and Appendix. On Tuesday December 7, 2004 he faxed his “errata sheets” containing 26 items to the Fourth Court of Civil Appeals.

2.  No Substantive Changes:

 

The corrections do not contain any new material or substantive changes. All corrections are for convenience of all parties only.

3.  Invitation to Submit Second Amended Brief and Appendix:

 

The Appellant was phoned on December 7, 2004 by Elisa Dixon after she received Appellant’s fax containing errata sheets. Ms. Dixon invited Appellant to file a Second Amended Brief and Appendix with all the corrections in the errata sheets no later than Monday December 13, 2004. She informed the Appellant that she had consulted with the “attorneys” and the “Judges” and was instructed to advise Appellant to file an amended Brief and Appendix instead of a lengthy errata sheet. Ms. Dixon instructed Appellant to bring with him on Monday a motion to leave and file his Second Amended Brief and Appendix.

 

 

4.  Additional Time for Appellees to file their Brief:

 

 It is presumed by the Appellant that the Appellees are due an additional amount of time to review the Appellant’s Second Amended Brief and Appendix. This issue was discussed by Appellant and Ms. Dixon.

5.  Additional Time is not required for Appellant:

 

Additional time is not required beyond the file date of this motion as this motion is submitted with Appellant’s Second Amended Brief and Appendix.

6.  Conference:

 

Appellant phoned Mr. Kevin Jewell on Wednesday December 8, 2004, and left a message concerning this motion and Appellant’s phone number. Mr. Jewell returned his call the following day and left message that Appellees are unopposed to this motion.

PRAYER

THEREFORE, The Appellant prays that the Fourth Court of Appeals grant Appellant’s Motion to Leave to file his Second Amended Brief and Second Amended Appendix and further grant Appellees an additional amount of time to file their Brief.

 

 

Further, the Appellant prays for any other relief that he may be entitled to.

 

Respectfully Submitted,

Ronald F. Avery

Pro Se

 

__________________________

1955 Mt. Vernon

Seguin, Texas 78155

830/372-5534

 
 

 

 

 

 

 

 


Certificate of Service

I hereby certify that a true and correct copy of the foregoing was forwarded by certified mail, return receipt requested # 7099 3220 0001 5083 3424, on this the _____ day of _____________, 2004 to the following:

 

William S. Helfand &/or Kevin D. Jewell

Chamberlain, Hrdlicka, White, Williams & Smith

Attorneys at Law

1200 Smith Street, Suite 1400

Houston, Texas 77002

__________________________________

 

 

iwc,audemars piguet,rolex datejust,hublot,rolex yachtmaster,rolex milgauss,patek philippe,rolex gmt master,rolex daytona,rolex masterpiece,roger dubuis,zenith,rolex air king,franck muller,richard mille,fake rolex for sale,replica watches,fake watches