Opinion
No. 05-16-01373-CV
02-28-2017
SHEILA ELLIOTT, Appellant v. S&S EMERGENCY TRAINING SOLUTIONS, INC. D/B/A EMERGENCY MEDICAL TRAINING SERVICES, Appellee
On Appeal from the 296th Judicial District Court Collin County, Texas
Trial Court Cause No. 296-03394-2016
ORDER
Before the Court is appellee S&S Emergency Training Solutions, Inc. d/b/a Emergency Medical Training Services' February 22, 2017 Opposed Motion for Leave to File Sur-Reply. Appellee seeks leave to file a sur-reply brief on the ground that it needs to respond to "new legal arguments and evidence" contained in appellant Sheila Elliott's reply brief. We do not consider arguments raised for the first time in a reply brief. See In re N.G.G., No. 05-16-01084-CV, 2017 WL 655953, at *6 n.2 (Tex. App.—Dallas Feb. 17, 2017, no pet. h.) (mem. op.). Further, we do not consider facts cited in a brief that are not supported by the record. See Mitchell v. Citifinancial Mortg. Co., 192 S.W.3d 882, 883-84 (Tex. App.—Dallas 2006, no pet.); Hogg v. Lynch, Chappell & Alsup, P.C., 480 S.W.3d 767, 773 (Tex. App.—El Paso 2016, no pet.). Accordingly, we DENY appellee's motion.
/s/ ROBERT M. FILLMORE
PRESIDING JUSTICE