ACCEPTED 01-14-00082-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 1/23/2015 8:15:52 AM CHRISTOPHER PRINE CLERK NO. 01-14-00082-CV FILED IN 1st COURT OF APPEALS IN THE COURT OF APPEALS HOUSTON, TEXAS 1/23/2015 8:15:52 AM FOR THE FIRST DISTRICT OF TEXASCHRISTOPHER A. PRINE Clerk AT HOUSTON

MARY LYNN KANTARA GERKE V. JAMIL “JAMES” KANTARA

RESPONSE TO APPELLEE’S MOTION TO STRIKE BRIEF OF APPELLANT

TO THE HONORABLE COURT OF APPEALS: Appellant files this response to Appellee’s Motion to Strike Brief of Appellant.

1. On December 9, Appellant filed through counsel her Motion for Extension of Time to File Appellant’s Brief.

2. After filing the Motion for Extension, counsel received notice of Appellant’s Pro Se Motion for Leave to File Pro Se Brief, as well as a copy of her pro se brief.

3. On December 10, 2015, this Court sent notice to all counsel that it granted the Motion for Extension of Time with notice that Appellant’s brief would be due on January 9, 2015.

4. This Court did not rule on Appellant’s Motion for Leave to File Pro Se Brief and never filed Appellant’s pro se brief. In fact, on this Court’s site, Appellant’s pro se brief is labeled as “received,” not “filed.” Moreover, upon receiving Appellant’s pro se brief, this Court never generated notice to counsel that Appellant’s brief had been filed or that Appellee’s brief was due.

5. On Friday, January 9, 2015, counsel timely filed Appellant’s Brief, pursuant to this Court’s December 10 order.

6. The brief was initially rejected because the appendices had not been filed as a single document. Pursuant to the clerk’s instructions, Appellant re-filed her brief on Monday, January 12, 2015.

7. On January 12, 2015, this Court issued notice to all counsel that Appellant’s brief had been filed and that Appellee’s brief was due on February 11, 2015.

8. Because Appellant’s Pro Se brief was never filed, Appellant’s Brief re-filed on January 12, 2015 complies with the briefing requirements under the Texas Rules of Appellate Procedure.

9. Therefore, Appellant respectfully requests that this Court deny Appellee’s Motion to Strike.

Respectfully submitted,

LAURA DALE & ASSOCIATES, P.C.

By:/s/ Ashley V. Tomlinson Ashley V. Tomlinson 1800 St. James Place, Suite 620 Houston, Texas 77056 Tel: (713) 600-1717 Fax: (713) 600-1718 State Bar No. 24075170 E-Service: [email protected] Non-Service: [email protected] Attorney for Mary Kantara Gerke

CERTIFICATE OF SERVICE I certify that on this 23nd day of January, 2015, a true and correct copy of the foregoing document was served in accordance with the Texas Rules of Civil Procedure as follows: Mr. Wilfried Schmitz 17040 El Camino Real, Suite 400 Houston, Texas 77058 Attorney of record for Mr. Kantara Via E-Service Douglas York 3355 W Alabama, Suite 100 Houston, TX 77098-1863 Amicus Attorney Via E-Service

/s/ Ashley V. Tomlinson ASHLEY V. TOMLINSON