ACCEPTED 04-15-00338-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 10/27/2015 11:57:42 PM KEITH HOTTLE CLERK

FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 10/27/2015 11:57:42 PM KEITH E. HOTTLE Clerk unworthy of credence.

PRAYER WHEREFORE PREMISES CONSIDERED, Arthur Butcher asks the Court to vacate the trial courts summary judgment in favor of Appellee and remand for a trial on the merits.

Respectfully Submitted, /S/ Samuel C. Beale SAMUEL C. BEALE State Bar No.01952380 5821 Southwest Freeway,# 416 Houston, Texas 77057 Tel. 281.664.6400 Fax 281.664.6423 ATTORNEY FOR ARTHUR BUTCHER APPELLANT RULE 9.4(i) CERTIFICATION In compliance with Texas Rule of Appellate Procedure 9.4(i)(3), certify that the font is 14 point, and the number of words in this brief, excluding those matters listed in Rule 9.4(i)(l), is, 3008 words. /s/ Samuel C. Beale SAMUEL C. BEALE

CERTIFICATE OF SERVICE On October 27, 2015 pursuant to Rule 6.3 of the Texas Rules of Appellate Procedure, a copy of the Appellants Brief was served on Appellee by efiling and a copy was served by facsimile transmission at: 210-447-8036