ACCEPTED 12-14-00288-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 5/21/2015 1:34:05 PM CATHY LUSK CLERK

No. 12-14-00288-CV FILED IN 12th COURT OF APPEALS TYLER, TEXAS In the Twelfth Court of Appeals 5/21/2015 1:34:05 PM Tyler, Texas CATHY S. LUSK Clerk

J. MARK SWINNEA Appellant v. ERI CONSULTING ENGINEERS, INC. AND LARRY SNODGRASS Appellees

Appealed from the 114th Judicial District Court Smith County, Texas

APPELLANT’S UNOPPOSED MOTION FOR LEAVE TO FILE AMENDED BRIEF

Michael E. Gazette Greg Smith Texas Bar No. 07784500 Texas Bar No. 18600600 Law Office of Michael E. Gazette Nolan Smith E. Ferguson, Suite 1000 Texas Bar No. 24075632 Tyler, Texas 75702 RAMEY & FLOCK, P.C.

Telephone: 903-596-9911 100 E. Ferguson, Suite 500 Facsimile: 903-596-9922 Tyler, Texas 75702 [email protected] Telephone: 903-597-3301 Facsimile: 903-597-2413 [email protected] [email protected]

ATTORNEYS FOR APPELLANT TO THE HONORABLE COURT OF APPEALS: On Monday, May 11, Mark Swinnea filed his appellant’s brief in this cause.

The brief’s cover did not include a request for oral argument. Swinnea in fact does request oral argument. The failure to indicate this on the cover was simply counsel’s oversight.

Now, Swinnea requests leave of this Court to file the accompanying amended brief. The sole difference from the initially filed brief is inclusion, on the cover, of the words “oral argument requested.”

The requested amendment should not delay the briefing of the case, prejudice the appellees, or otherwise work any injustice. Rather, because it enables oral argument of the case, the amendment should advance the merits and facilitate the Court’s decisional analysis.

Certificate of Conference Opposing counsel, who has been informed of the substance of this motion, states that her clients do not oppose leave to file the amended brief.

WHEREFORE, PREMISES CONSIDERED, Mark Swinnea prays that the Court would grant leave to file the accompanying amended brief, so the brief will accurately reflect Swinnea’s desire for oral argument.

Respectfully submitted, /s/ Greg Smith Greg Smith State Bar No. 18600600 RAMEY & FLOCK, P.C.

100 East Ferguson, Suite 500 Tyler, TX 75702 Telephone: (903) 597-3301 Facsimile: (903) 597-2413 [email protected] COUNSEL FOR APPELLANT, J. MARK SWINNEA

Certificate of Service The undersigned certifies that a copy of the above and foregoing document was served upon counsel for Appellees in accordance with the applicable Texas Rules of Civil Procedure on this the 21st day of May, 2015, on the following: Via email [email protected] Deborah Race Ireland, Carroll & Kelley, P.C.

6101 S. Broadway, Suite 500 Tyler, TX 75703 Via email [email protected] Mike A. Hatchell Locke Lord, LLP Congress Avenue, Suite 300 Austin, TX 78701 Via email [email protected] Roger W. Anderson Gillen & Anderson Shelley Park Plaza Tyler, TX 75701

/s/ Greg Smith Greg Smith