ACCEPTED
04-14-00754-CR
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
1/28/2015 1:15:29 PM
KEITH HOTTLE
CLERK
IN THE FOURTH COURT OF APPEALS FOR THE STATE OF TEXAS
FILED IN
4th COURT OF APPEALS
JOHN ADRIAN BARRERA, SAN ANTONIO, TEXAS
Appellant 1/28/2015 1:15:29 PM
KEITH E. HOTTLE
Clerk
v. NO. 04-14-00754-CR
THE STATE OF TEXAS,
Appellee.
MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF THE FOURTH COURT OF APPEALS:
COMES NOW, JOHN ADRIAN BARRERA, Appellant and files this Motion
for Extension of Time to File Appellant's Brief, pursuant to Rules 9 and 10 of the
Texas Rules of Appellate Procedure, and in support thereof, would show the Court
the following:
JOHN ADRIAN BARRERA asks the Court to extend the time to file his brief.
A. INTRODUCTION
1. Appellant is JOHN ADRIAN BARRERA; appellee is STATE OF TEXAS.
2. There is no specific deadline to file this motion to extend time. See Tex. R.
App. P. 38.6(d).
3. Counsel for the Appellant has conferred with Counsel for the Appellee and
the parties have agreed to this motion.
B. ARGUMENT & AUTHORITIES
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4. The Court has the authority under Texas Rule of Appellate Procedure
38.6(d) to extend the time to file a brief.
5. Appellant’s brief is due on January 29, 2015.
6. JOHN ADRIAN BARRERA requests an additional 32 days to file his brief,
extending the time until March 2, 2015.
7. No extension has been granted to extend the time to file JOHN ADRIAN
BARRERA’s brief.
8. JOHN ADRIAN BARRERA needs additional time to file his brief because
on or about January 4, 2015, Appellant’s Attorney came down with a severe
case of flu which left the undersigned Counsel unable to work for several
weeks. Additionally, the Attorney for Appellant is an asthmatic and this
medical condition makes contracting flu especially severe and debilitating for
the undersigned Counsel. Furthermore, the undersigned Counsel’s Assistant
contracted flu on or about January 10, 2015 and was out of the office for several
weeks tending to both hers and her children’s illness leaving the undersigned
Counsel shorthanded through most of January and overwhelmed with
administrative duties normally handled by his assistant. Counsel for the
Appellant is currently preparing for a contested Final Trial in “In the Matter of
the Marriage of Wells and in the Interest of P.T.W., a Child” No. 14-640B and
due to the aforementioned illnesses, the Undersigned Counsel is backlogged on
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several matters including a motion for summary judgment in “Alva Masonry
Co. Inc. v. The Brand Co.” No. 13961B.
C. PRAYER
8. For these reasons, JOHN ADRIAN BARRERA asks the Court to grant an
extension of time to file his brief until March 2, 2015, which is 32 days from
the current deadline.
Respectfully Submitted,
Davis Law Firm, PLLC
236 Junction Hwy
Kerrville, Texas 78028
Tel. (830) 257-8851
Fax (830) 896-8730
________________________
Stewart S. Davis
Bar No. 24049644
CERTIFICATE OF SERVICE
By affixing my signature below, I hereby certify that on January 28, 2015, a true
copy of this Motion for Extension of Time to File Appellant’s Brief has been
mailed to the 452nd District Attorney’s Office at P.O. Box 635, Mason, Texas
76856.
_________________________
Stewart S. Davis
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