You get an unfavorable opinion in the appellate court. You file a motion for rehearing. Your adversary files a response in which he says three things:
- “The amendment to Section 402.010(a) of the Texas Government Code requiring such notice from a party did not become effective until September 1, 2013, after this case was briefed.”
- “In its Third Issue for Rehearing the State admits error…. That admission of error should render moot the Motion for Rehearing and any further litigation.”
- “[I]n an appeal to this Court’s emotions the State improperly requests that this Court consider facts outside the record. The State’s rendition here of [those facts] is untruthful.”
- A) Tell the court that you weren’t admitting error, so that your motion for rehearing was not moot.
- B) Tell the court that your rendition of the facts was truthful.
- C) Tell the court that “Section 402.010 became effective on June 17, 2011.”
- D) All of the above.
- E) Both (A) and (B) but not (C).
- F) None of the above. Keep your head down because you admitted error and falsely represented facts to the court.
I’ll give you hint: while Section 402.010 of the Texas Government Code became effective on June 17, 2011, the amendment to that statute requiring that a party file something became effective on September 1, 2013.
Yeah, I’m baffled too.