ACCEPTED 01-14-1004-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 10/22/2015 4:44:20 PM CHRISTOPHER PRINE CLERK No. 01-14-01004-CV Kevin Leroy Campbell, § IN THE FIRST FILED IN Appellant, § 1st COURT OF APPEALS HOUSTON, TEXAS § 10/22/2015 4:44:20 PM v. § COURT OF APPEALS CHRISTOPHER A. PRINE § Clerk M. Brandon Maggiore, Guardian Ad Litem, § Appellee. § HOUSTON, TEXAS

Motion For Leave to File Amended Brief With Appendix Pursuant to Texas Rule of Appellate Procedure 38.7, Appellee asks this Honorable Court to grant him leave to file an amended brief with an appendix (which brief and appendix were filed on the same date as this motion) to correct technical and grammatical defects, several statutory and internal reference errors, and to include an appendix.

1. Appellee’s brief was timely filed on October 19, 2015 even though Appellant filed an Amended brief only 18 days before Appellee’s brief deadline.

2. Appellee asks this Court to accept his amended brief and appendix filed on October 22, 2015, the same date as this motion.

3. The amended brief corrects formatting errors in the index, adds the text for the

Page 1" of "4 points on appeal to the index, corrects defects in the table of authorities, corrects several statutory and internal reference errors, and adds an appendix.

4. The Appendix includes all statutes, case law, and orders cited in Appellee’s brief.

5. Appellee’s amended brief does not add new points on appeal, new arguments, or new case law and, therefore, will cause no delay in the submission of this case.

6. The appendix does not include excerpts from the Reporters Record due to the number of pages from this record cited by Appellee.

7. Appellee believes that the amended brief and appendix thereto will assist this Court and Appellant in reviewing the merits of this case.

PRAYER For the foregoing reasons, Appellee asks the Court to grant Appellee the right to file an amended brief with an appendix on or before the date this Court rules on this motion.

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Page "2 of "4 Respectfully submitted, /s/ M. Brandon Maggiore M. Brandon Maggiore State Bar No.: 24078901 Maggiore Law Firm, PLLC 2442 S. Downing St., Suite 100 Denver, CO 80210 Telephone: (713) 239.3347 Facsimile: (713) 581.1894 [email protected] GUARDIAN AD LITEM FOR LONNIE PHILLIPS, JR., AN INCAPACITATED PERSON

CERTIFICATE OF COMPLIANCE I certify that this document was produced on a computer using Pages 5.5.3 and contains 265 words, as determined by the computer software's word-count function, excluding the sections of the document listed in Texas Rule of Appellate Procedure 9.4(i)(1). /s/ M. Brandon Maggiore M. Brandon Maggiore State Bar No.: 24078901

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Page "3 of "4 CERTIFICATE OF SERVICE I certify that on October 22, 2015, I served a copy of Appellee’s First Amended Motion to Dismiss for Lack of Jurisdiction and Motion for Award of Fees and Costs for a Frivolous Appeal on the parties listed below by electronic service and that the electronic transmission was reported as complete. My e-mail address is [email protected].

/s/ M. Brandon Maggiore M. Brandon Maggiore State Bar No.: 24078901

Veronica L. Davis Catherine N. Wylie Attorney for Appellants Guardian Of the Person and Estate of Texas Bar No. 05557300 Lonnie Phillips, Jr., An Incapacitated N. Mattson Person West Columbia, Texas 77486 The Wylie Law Firm Telephone: 979.345.2953 2211 Norfolk Street, Suite #440 Facsimile: 979.345.5461 Houston, Texas 77098 [email protected] Telephone: 713.275.8230 Facsimile: 713.275.8239 Email: [email protected] Dana V. Drexler Attorney Ad Litem during the trial on the Merits 1010 Lamar Street, Suite 1450 Houston, Texas 77002 Telephone: 713.658.8900 Facsimile: 713.658.9408 [email protected]

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