COURT OF APPEALS
JAN O12015
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
Nancy Sue Morrison
Plaintiff
vs. CASE NO. 07-14-00317-CV
Wheeler County Texas
Sheriff Wesley Crites
Deputy D.B. Marcolesco
Defendants
MOTION TO EXTEND TIME TO FILE BRIEF AS TO NOTICE AND PERFECTION OF
APPEAL
COMES NOW, Nancy S Morrison, Appellant pro se, and files her MOTION TO EXTEND
TIME TO FILE BRIEF AS TO NOTICE AND PERFECTION OF APPEAL.
Court ordered brief was to be filed on or before December 31st, 2014. On December 31st, 2014 at
4:50 P.M. Appellant attempted to file Brief addressing the Perfection of Appeal. Appellant
attempted to enter the courthouse, but the Potter County Deputies had closed and locked the door
and were not at their post at 4:50 P.M., thus denying Appellant's access to filing her brief.
Pursuant to TRAP 4.1(b) Clerk's office closed or inaccessible: if the act to be done is filing a
document, and if the clerk's office where the document is to be filed is closed or inaccessible
during regular hours on the last day for filing the document, the period for filing the document
extends to the end of the next day when the clerk's office is open and accessible. The closing or
inaccessibility of the clerks office may be proved by certificate of the clerk or counsel, by a party's
affidavit. See Exhibit (A) Affidavit by Nancy S Morrison.. Appellant had called and was
reassured that court would remain open until 5P.M. The court may have been open, but the
outside doors to the courthouse that the clerk has no control of was not accessible as these doors
were locked early^thus denying access to filing document due on December 31st, 2014.
PRAY
WHEREFORE PREMISES CONSIDERED, Appellant prays that this Motion will be GRANTED
and she be allowedto file Brief addressing Perfection of Appeal, on Jan 2nd, 2015, due to the
inaccessibility to the court on December 31st, 2014
Respectfully Submitted
Ml
Nancy S. Morrison
P.O. Box 1134
Wheeler, TX. 79096
(806)282-8702
(806)826-3724
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above was served upon all parties of record in
accordance with the TRCP in this case Via USPS on January2nd 2015
APPELANT x
Nancy S. Morrison
LESLIE STANDERFER
WHEELER COUNTY TEXAS
401 MAIN ST. P.O. Box 469
WHEELER, TEXAS 79096
Nancy S. Morrison
P.O. Box 1134
1111 main st.
Wheeler, TX. 79096
(806)282-8702
(806)826-3724
EXHIBIT
A
Affidavit ofNancy S. Morrison in Support of Motion to Extend Time to File Brief
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
Nancy Sue Morrison
Plaintiff
vs. CASE NO. 07-14-00317-CV
Wheeler County Texas
Sheriff Wesley Crites
Deputy D.B. Marcolesco
Defendants
AFFIDAVIT OF NANCY MORRISON IN SUPPORT OF APPELLANT'S TIMELY AND
PROPERLY PERFECTION OF APPEAL TO COUNTY COURT FROM JUSTICE
COURT
STATE OF TEXAS
COUNTY OF WHEELER
BEFORE ME, the undersigned Notary Public, on this date personally appeared Nancy
Morrison, known to me to be the person whose name is subscribed to this instrument, and having
been by me duly sworn, on her oath states and deposes as follows:
Now comes Nancy Morrison and states the following pursuant to 28 U.S.C. 17456:
1. My name is Nancy Morrison Nottingham. I am over 21 years of age, of sound mind, capable
of making this affidavit and have never been convicted of a felony or a crime involving moral
turpitude.
2. On December 31, 2014,1 called the Office of the Clerk of the Court of Appeals for the Seventh
District of Texas and was assured by the Clerk that the office was not to close early and would be
open during the regular hours, closing at 5:00 P.M.
3. I live over 100 miles from Amarillo, Texas in Wheeler, Texas. I took off early from work to
deliver and file my brief in this case. The weather had turned inclement and freezing fog was
slowing driving conditions. I arrived at the Court building located at 501 S. Fillmore at 4:50.
When I attempted to open the outside doors to the building, I found that they were locked and the
security officers were not inside at their station. I knocked on the doors but no one was available
to open the doors and allow me to enter the building to file my brief in the Clerk's Office.
4. I was denied access to the Court as the Potter County Deputies left their post early and locked
the outside doors to the building.
Respectfully submitted,
Nancy Morrison
Appellant/Plaintiff
Pro Se Litigant
P.O. Box 1134
1111 Main St.
Wheeler, Texas 79096
(806) 826-3724
(806) 292-8702 (cell)
SUBSCRIBED AND SWORNTO BEFORE ME on the 2nd Day of December, 2014 to certifythis
JAM. -10 ft
witness with my hand and official seal.
KTLUcl dMWPToO
Notary Public, State of Texas
KELLl HAMPTON
NOTARY PUBLIC
STATE OF TEXAS
My Commission Expires 6-2B-2018