Brian C. Simcoe v. Thomas Christopher and Catrina Christopher ( 2015 )

ACCEPTED 04-14-00735-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 3/19/2015 2:02:46 PM KEITH HOTTLE CLERK FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 03/19/2015 2:02:46 PM KEITH E. HOTTLE Clerk CAUSE NO. 04-14-00735-CV _____________________________________________________ IN THE COURT OF APPEALS FOR THE FOURTH JUDICIAL DISTRICT SAN ANTONIO, TEXAS Brian C. Simcoe, Appellant v. Thomas Christopher and Catrina Christopher, Appellees _____________________________________________________ APPEAL FROM THE 45TH JUDICIAL DISTRICT COURT BEXAR COUNTY, TEXAS HONORABLE JUDGE BARBARA HANSON NELLERMOE, JUDGE PRESIDING FIRST MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF James A. Rodriguez Law Office of James A. Rodriguez SBN: 24057667 540 S. St. Mary’s Street San Antonio, Texas 78205 Phone: (210) 581-3990 Fax: (210) 224-8214 Email: james@rodriguezlaw.us Attorney for Appellees TO THE HONORABLE FOURTH COURT OF APPEALS: Pursuant to TEX. R. APP. P. 10.1 and 38.6(d), the Appellees, Thomas and Catrina Christopher, file this First Motion to Extend Time to File Appellee’s Brief. Appellee’s brief is currently due on March 23, 2015. Counsel for Appellee requests a two-week extension of time to file its brief, making the brief due on April 6, 2015. This is the first request for extension of time to file the Appellee’s brief. Counsel for Appellee relies on the following reasons, in addition to the routine matters that counsel must attend to in daily practice, to explain the need for the requested extension: Counsel for Appellant/Appellee was absent from his office for two weeks in the month of March for medical reasons. As a result of this absence, and as a result of pressing matters in several cases pending in the District Courts of Bexar, Guadalupe, Williamson, and Uvalde Counties, he will not be able to prepare the brief in time to meet the Court’s briefing deadline absent an extension. Counsel for Appellee seeks this extension of time to be able to prepare a cogent and succinct brief to aid this Court in its analysis of the issues presented. This request is not sought for delay but so that justice may be done. The undersigned has conferred with opposing counsel, but opposing counsel has stated that she cannot agree to the filing of an unopposed motion to extend time. All facts recited in this motion are within the personal knowledge of the counsel signing this motion, therefore no verification is necessary under Rule of Appellate Procedure 10.2. PRAYER FOR RELIEF For the reasons set forth above, Appellee requests that this Court grant this First Motion to Extend Time to File Appellee’s Brief and extend the Deadline for Filing the Appellee’s Brief up to and including April 6, 2015. Appellee prays for all other relief to which it may be entitled. Respectfully Submitted, ______________________________ James A. Rodriguez State Bar No. 24057667 540 S. St. Mary’s Street San Antonio, Texas 78205 Phone: (210) 581-3990 Fax: (210) 224-8214 Email: james@rodriguezlaw.us Attorney for Appellees Thomas and Catrina Christopher CERTIFICATE OF CONFERENCE I certify that I conferred with counsel for Appellant regarding this First Motion to Extend Time to File Appellee’s Brief prior to filing. ______________________________ James A. Rodriguez State Bar No. 24057667 Attorney for Appellees Thomas and Catrina Christopher CERTIFICATE OF SERVICE I certify that a true copy of the foregoing First Motion to Extend Time to File Appellee’s Brief was served on each party or that party’s lead counsel in accord with the Texas Rules of Appellate Procedure on March 19, 2015, as follows: Party: Brian C. Simcoe Lead Attorney: Sarah Anne Lishman Address of Service: 310 S. St. Mary’s St., Suite 845 San Antonio, Texas 78205 Method of Service: Fax to (210) 308-5669, Email to sarahanne.jgrahamlaw@yahoo.com Date of Service: March 19, 2015 Party: Adria Joy Simcoe, Pro Se Address of Service: 115 Osprey Haven San Antonio, Texas 78253 Method of service: Email to adriasimcoe@yahoo.com, per request Date of Service: March 19, 2015 ______________________________ James A. Rodriguez State Bar No. 24057667 Attorney for Appellees Thomas and Catrina Christopher