Theodore Stillwell v. Dawn D. Stillwell ( 2018 )

ACCEPTED
03-17-00457-CV
21597052
THIRD COURT OF APPEALS
AUSTIN, TEXAS
1/4/2018 10:09 AM
JEFFREY D. KYLE
CASE NO. 03-17-00457-CV CLERK
FILED IN
3rd COURT OF APPEALS
IN THE COURT OF APPEALS AUSTIN, TEXAS
THIRD JUDICIAL DISTRICT OF TEXAS1/4/2018 10:09:45 AM
AT AUSTIN, TEXAS JEFFREY D. KYLE
Clerk
THEODORE STILLWELL,
Appellant
v.
DAWN D. STILL WELL,
Appellee
On Appeal from the
th
274 Judicial District, Hays County, Texas
Cause No. 14-1651
APPELLANT'S FIRST MOTION TO EXTEND
TIME TO FILE APPELLANT' S BRIEF
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
COMES NOW Appellant, Theodore Stillwell, in the interest of children, and
files this his Motion to Extend Time to File Appellant' s Brief, and in support
thereof would respectfully show unto this Court as follows:
I.
BACKGROUND
APPELLANT'S MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF - Page 1
1. The reporter's record was filed on December 6, 2017.
2. The clerk's record was filed on September 15, 2017.
3. Appellant's brief is currently due on January 5, 2018.
4. This is the first request for an extension for filing Appellant's brief. No
prior requests have been made.
II.
ARGUMENT & AUTHORITIES
1. This Court may extend the time to file Appellant's brief under the
authority of Rule 38.6(d) and 10.5(b) of the Texas Rules of Appellate Procedure.
No rule limits the time within which a Motion to Extend may be filed. See Tex. R.
App. P. 38.6(d). Appellant requests a first extension of an additional 30 days to
file his brief, thereby extending the deadline until February 5, 2018, since the 4th is
on a Sunday, Appellant is noting the deadline as the 5th per the calculation rules.
2. No previous extensions have been requested to extend the time to file
Appellant's brief.
3. Appellant needs additional time to file his brief for the reasons that
follow:
a. This appeal is complex and contains novel argument and
argument of first impression.
APPELLANT'S MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF - Page 2
b. The record is extensive and contains 17 volumes. It takes more
time to work through the issues and crystallize the most succinct way
to argue them. After receiving the reporter's record on December 6,
2017, there was not enough time to complete the brief before the
holiday season where part of the time me and my staff were on
vacation.
Accordingly, Appellant requests the Court extend the time for him to file his brief.
WHEREFORE, PREMISES CONSIDERED, Appellant, Theodore
Stillwell, in the interest of children, respectfully requests that this Court grant his
First Motion to Extend Time to File Appellant's Brief; extend the deadline for
Appellant to file his brief until February 5, 2018; and grant Appellant all other
relief, at law or in equity, to which he may be justly entitled.
Respectfully submitted,
LAW OFFICES OF IV AN FRIEDMAN
By: ls/Ivan Friedman
Ivan Friedman
P.O. Box 359
San Marcos, Texas 78667
SBN: 00785886
Tel: (512) 396-0046
Facsimile: (210) 227-5151
Email: law@ivanfriedman.com
APPELLANT'S MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF - Page 3
COUNSEL FOR APPELLANT, Theodore
Stillwell
CERTIFICATE OF CONFERENCE
This is to certify that, a conference was held on the 3rd day of January, 2018,
with the opposing party, on the merits of this motion and the opposing party does
not oppose this motion.
ls/Ivan Friedman
Ivan Friedman
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing document has
been served upon all counsel of record on this the 3 rd day of January, 2018, in
accordance with the Texas Rules of Appellate Procedure.
ls/Ivan Friedman - - - - - - - - -
Iv an Friedman
APPELLANT'S MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF - Page 4
VERIFICATION
ST A TE OF TEXAS §
~~-~~ - §
COUNTY OF -BALLA S §
nd
On this the 2
day of January, 2018, before me, the undersigned Notary
Public, personally appeared Ivan Friedman, who by me duly sworn on his oath
deposed and said that he is an attorney for the Appellant in the above-entitled and
numbered cause~ that he has read the above and foregoing and that the allegations
contained therein are within his personal knowl dge and a ~ d correct.
i b
Subscribed to and sworn before me by Ivan Friedman on the 2'1d day of
· Jru1uary., 2018~ to certify which witness my hand and official seal.
Notary Pufi'licfor the State of Texas
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APPELLANT'S MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF - Page 5