Opinion
No. 10-12-00106-CV
11-29-2012
FREDRICK-MARSHAL: VAN HORN, Appellant v. C. PAUL KEEFER, THE ESTATE OF JEWEL KEEFE, DECEASED, SAMUEL P. CAMPO, AND MICHA J. CAMPO, Appellees
From the 40th District Court
Ellis County, Texas
Trial Court No. 83617
ORDER
Appellant's motion for rehearing was filed on November 7, 2012. In the motion, appellant correctly notes that the footnote in the Court's opinion issued on November 1, 2012 inaccurately stated the supplemental brief was filed after the case was submitted. Actually, it was filed after the case was noticed for submission but before the actual date of submission. This inaccuracy does not, however, cause the conclusions expressed in the footnote and opinion to be erroneous or require us to reconsider the contents of the supplemental brief. As a supplemental brief filed without leave of court, it could not raise new issues. See 10TH TEX. APP. (Waco) LOC. R. 12(f). The fundamental problem is that appellant is arguing in this appeal why the judgment in an earlier proceeding ordering his property sold for the non-payment of taxes is defective rather than providing a proper response to the judgment in this proceeding by attacking the grounds in appellee's motion for summary judgment which included res judicata and providing a legal basis for his failure to pursue a collateral attack on that earlier judgment as a part of this proceeding.
Appellant's motion for rehearing is denied.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Motion for rehearing denied