ACCEPTED 03-14-00315-CV 6573044 THIRD COURT OF APPEALS AUSTIN, TEXAS 8/19/2015 9:34:30 PM JEFFREY D. KYLE CLERK CAUSE NO. 03-14-00315-CV FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 8/19/2015 9:34:30 PM IN THE THIRD COURT OF APPEALS JEFFREY D. KYLE Clerk AUSTIN, TEXAS

JADON NEWMAN Appellant v. FIRSTMARK CREDIT UNION Appellee

APPELLANT’S SECOND OPPOSED MOTION FOR LEAVE TO FILE REPLY BRIEF

Respectfully submitted, Peter C. Ruggero RUGGERO LAW FIRM PC SBN 24044377 1411 West Ave Ste 200 Austin TX 78701 [email protected] and Craig S. Smith SBN 18553570 14493 S.P.I.D., suite A, P.M.B. 240 Corpus Christi, Tx. 78418 728 8037 [email protected] ORAL ARGUMENT REQUESTED TO THE HONORABLE THIRD COURT OF APPEALS: Comes now Appellant Jadon Newman, respectfully showing the Court as follows: 1. Appellant is Jadon Newman; Appellee is Firstmark Credit Union.

2. This motion is filed on August 19, 2015. Appellees' Brief was filed on November 12, 2015. Appellant's reply brief, after first extension granted, was due on January 8, 2015.

3. This is Appellant's second motion for leave to file this Reply Brief.

4. Appellant requests leave to file this brief based on the facts stated below.

5. Appellant Newman hired Peter Ruggero as counsel in relation to post- judgment trial representation. He subsequently and recently retained Ruggero to serve as co-counsel in relation to the appeal. Co-counsel Ruggero reviewed the record and determined Firstmark failed to attach a key document to its summary judgment motion, and therefore failed to conclusively establish its right to summary judgment. In this reply brief Appellant Newman explains why this defect in Firstmark’s proof requires a new trial, and squarely brings it to this Honorable Court’s attention. Newman respectfully renews his request for oral argument on the cover of his reply brief.

PRAYER Newman respectfully moves the Court to grant leave to file this brief, to set this case for oral argument, and for all other relief to which he is entitled.

CERTIFICATE OF CONFERENCE Peter Ruggero, counsel for Newman, conferred with counsel for Firstmark, and Firstmark opposes this motion for leave.

Respectfully submitted, /s/ Peter C. Ruggero Peter C. Ruggero RUGGERO LAW FIRM PC SBN 24044377 1411 West Ave Ste 200 Austin TX 78701 [email protected] -and- Craig S. Smith SBN 18553570 14493 S.P.I.D., suite A, P.M.B. 240 Corpus Christi, Tx. 78418 728 8037 [email protected]

CERTIFICATE OF COMPLIANCE This document complies with the typeface requirements of TEX. R. APP. P. 9.4(e) because it has been prepared in a conventional typeface no smaller than 14- point for text and 12-point for footnotes. This document also complies with the word-count limitations of TEX. R. APP. P. 9.4(i), if applicable, because it contains words.

/s/ Peter C. Ruggero Peter C. Ruggero

CERTIFICATE OF SERVICE On August 19, 2015, in compliance with Texas Rule of Appellate Procedure 9.5, I served this document by e-service, e-mail, facsimile, or mail to the following: Lessie Gilstrap Fitzpatrick [email protected] Lisa C. Fancher [email protected] Christine E. Burgess [email protected] San Jacinto Blvd., Suite 2000 Austin, Texas 78701 (512) 476-2020 phone (512) 477-5267 fax Counsel for Appellees

/s/ Peter C. Ruggero Peter C. Ruggero