ACCEPTED 03-13-00768-CV 4021578 THIRD COURT OF APPEALS AUSTIN, TEXAS 2/4/2015 2:48:01 PM JEFFREY D. KYLE CLERK No. 03-13-00768-CV FILED IN IN THE COURT OF APPEALS 3rd COURT OF APPEALS AUSTIN, TEXAS FOR THE 3RD JUDICIAL DISTRICT OF 2/4/2015 2:48:01 PM TEXAS JEFFREY D. KYLE Clerk AT AUSTIN

RITA MARY GAUSE, Appellant V. THOMAS X. GAUSE, Appellee

Appealed from the 155th District Court of Fayette County, Texas

UNOPPOSED MOTION TO FILE FIRST AMENDED BRIEF OF APPELLEE

MOORMAN TATE HALEY UPCHURCH & YATES, LLP By: STEVEN C. HALEY State Bar No. 08741900 E. Main St./P.O. Box 1808 Brenham, Texas 77834-1808 Telephone: (979) 836-5664 Telecopier: (979) 830-0913 [email protected] Attorney for Appellee, THOMAS X. GAUSE

{19268.44142-00368395.DOCX} No. 03-13-00768-CV IN THE COURT OF APPEALS FOR THE 3RD JUDICIAL DISTRICT OF TEXAS AT AUSTIN

RITA MARY GAUSE, Appellant V. THOMAS X. GAUSE, Appellee

Appealed from the 155th District Court of Fayette County, Texas

UNOPPOSED MOTION TO FILE FIRST AMENDED BRIEF OF APPELLEE

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS: Thomas X. Gause (Thomas), Appellee in this appeal and Plaintiff below, respectfully files this, his Unopposed Motion to File First Amended Brief of Appellee and in support of same would show this Court the following: STATEMENT OF FACTS 1. Brief of Appellee. Thomas filed herein his Brief of Appellee on February 2, 2015 (the "Appellee's Brief'). The Appellee's Brief contained a

{19268.44142-00368395.DOCX} 1 spelling error of a Party erroneously referring to "Brendan Gause" as "Brandon Gause".

2. Correction Desired. Appellant desires to correct error by a First Amended Brief of Appellee.

WHEREFORE, PREMISES CONSIDERED, Appellee prays that the Court grant leave to file a First Amended Brief of Appellee.

Respectfully submitted, MOORMAN TATE HALEY UPCHURCH & YATES, L.L.P. By: /s/ STEVEN C. HALEY STEVEN C. HALEY State Bar No. 08741900 East Main P.O. Box 1808 Brenham, Texas 77834-1808 Telephone: (979) 836-5664 Telecopier: (979) 830-0913 [email protected].

Attorneys for THOMAS X. GAUSE

{19268.44142-00368395.DOCX} 2 CERTIFICATE OF SERVICE This is to certify that on the 4 day of February, 2015, a true and correct copy of the foregoing Motion to File First Amended Brief of Appellee was mailed by certified mail, return receipt requested and/or by facsimile and/or e-mail to the following: James J. Elick N. Harris Bellville, Texas 77418 [email protected]

/s/ STEVEN C. HALEY STEVEN C. HALEY

CERTIFICATE OF CONFERENCE This will certify that on February 4, 2015, I called counsel for the Appellant regarding the Motion to File Amended Brief of Appellee. He had no opposition to it.

/s/ STEVEN C. HALEY STEVEN C. HALEY

{19268.44142-00368395.DOCX)