ACCEPTED
05-14-00920-CV
FIFTH COURT OF APPEALS
DALLAS, TEXAS
1/5/2015 10:49:58 PM
LISA MATZ
CLERK
IN THE FIFTH DISTRICT
COURT OF APPEALS 5th COURT
FILED IN
OF APPEALS
DALLAS, TEXAS
GEORGE ALLEN COURTS BUILDING
1/5/2015 10:49:58 PM
600 COMMERCE STEET 2Nn FLOOR LISA MATZ
DALLAS, TEXAS 75202 Clerk
RODRICK SAMPLES
vs.
THE DALLAS COUNTY SPECIAL CIVIL SERVICE COMMISSION, THE
DALLAS COUNTY CIVIL SERVICE COMMISSION, AND DALLAS COUNTY
TRIAL COURT NUMBER DC12-11245
IN THE 160T" DISTRICT COURT OF DALLAS COUNTY, TEXAS
FIFTH DISTRICT COURT OF APPEALS
NUMBER 05-14-00920-CV
APPELLANT'S MOTION FOR LEAVE TO
EXTEND TIME TO FILE BRIEF
John Weddle
Wyde and Associates
10100 North Central Expressway,
Suite 590
Dallas, Texas 75231
214-521-9100
214-521-9130 (Facsimile)
weddleslaw@att.net
ATIORNEY FOR APPELLANT
TO THE HONORABLE JUDGES OF THE 518 COURT OF APPEALS
Comes now Rodrick Samples, Appellant, and files this his Motion to Amend time to file
Appellant's brief in the above styled and numbered cause of action pursuant to Texas Rules of
Appellate Procedure, Rule 38.6(d) and for cause would show the Court as follows:
This case was originally heard in the l 601h District Court of Dallas County, Texas in
Rodrick Samples vs. the Dallas County Special Civil Service Commission, the Dallas County
Civil Service Commission and Dallas County in Cause Number DC 12-11245. The Court entered
a final order dated April 14, 2014, at a time when neither Plaintiff nor counsel for Plaintiff were
present.
Appellant's brief was originally due on October 15, 2014, but Appellant believes he has
been granted two extensions of time to file his brief but it has become confusing due to numerous
returned briefs due to failure to comply with the requirements for things like insuring the brief
could be scanned, had proper book marks and complied with the border width and length, and
other technical problems caused by using software that had worked in the past but apparently will
no longer produce an acceptable brief. Appellant has attached as Exhibit "A" a copy of the
Courts record of the various attempts to file the brief and the notices that something was not
correct so the Court can see that the failure to file was not due to a lack of diligence but rather a
lack of understanding of the new filing requirements.
The latest brief was filed on December 24, 2014, in response to a directive to make yet
another correction by the 25 1h. Prior to that A correction was required to be filed by the 191h of
December, a Friday, but due to a computer scanning problem was not filed until December 22,
the following Monday. On January 2, 2015, Appellant understood that the Brief was finally
APPELLANT'S MOTION FOR LEAVE TO EXTEND TIME TO FILE BRIEF PAGE 1
correctly done and filed, however it was not accompanied by a Motion to Extend the time to File
and Appellant was given ten days to file the Motion. Due to complications from surgery Counsel
has not been in a position to quickly respond to some of the requests, however believes the only
deadline missed was the December 19•h deadline.
On January 5, shortly after midnight, the Motion was filed and the Motion was rejected,
again for failing to comply with the technical requirements of thee-filing system, despite using a
draft that was accepted earlier. Once again, the Motion has been completely re-typed and using
the newly purchased software is being sent late Monday night. Counsel expects to be at the
hospital for most if not all of the next few days and therefore again is filing without being able to
discuss the matter with opposing counsel (see Certificate of Conference below).
By going through the process of completely re-creating the document it is hoped that
whatever the error is will be eliminated and this version will be acceptable.
Wherefore Premises Considered, Appellant requests that the Court grant his motion to
Extend the time to file his brief 'Until the file date of the Brief that is currently in the possession of
the Clerk of the Court, assuming that it is filed in compliance with the Court's requirements and
is acceptable for filing. This Motion is being filed as a result of the lack of technical ability on
the part of counsel and is not made for purposes of delay, but rather so that justice may be done.
Respectfully submitted,
Wyde and Associates
10100 Noerh Central Expressway,
Suite 590
Dallas, Texas 75231
214-521-9100
214-521-9130 (facsimile)
weddleslaw@att.net
APPELLANT'S MOTION FOR LEAVE TO EXTEND TIME TO FILE BRIEF PAGE 2
Isl John Weddle
ATTORNEY FOR APPELLANT
CERTIFICATE OF SERVICE
This will certify that a true and correct copy of the foregoing brief was sent to the
Attorney of record for Appellee by notice through the Court of Appeals e-mail system.
Isl John Weddle
CERTIFICATE OF CONFERENCE
This will certify that Counsel for Appellant did not receive the message that he had to file
a Motion to Extend the time for filing his brief until after hours on Friday, January 2, 20 l 5, after
hours. Because of Complications from surgery, counsel may not be available during the week of
January 5,2015, and therefor filed his motion early Monday moving before leaving for his
medical appointment. Counsel was allowed to return home on Monday, but again after hours so
was in no position to confer with opposing Counsel before the required re-filing of his Motion.
It is assumed that opposing counsel's client will object to the Motion.
Isl John Weddle
APPELLANT'S MOTION FOR LEAVE TO EXTEND TIME TO FILE BRIEF PAGE 3
EXHIBIT "A"
file:///C:/2014 Pending Files/Samples/Case Detail.I
CASE: 05-14-00920-CV
DATE FILED: 07/16/2014
CASE TYPE: RESTRICTED APPEAL
STYLE: RODRICK SAMPLES
V.: THE DALLAS COUNTY SPECIAL CIVIL SERVICE COMM ISSION. ET A.
ORIG PROC: NO
TRANSFER FROM:
TRANSFER IN:
TRANSFER CASE:
TRANSFER TO:
TRANSFER OUT:
PUB SERVICE:
APPELLATE BRIEFS
DATE I EVENTTYP~ IDESCRIPTION -1
DOCUMENT
APPELLANT'S AMENDED BRIEF ( PDF/1 .26 MB ]
12/24/2014 AMENDED BRIEF RECEIVED APPELLANT
NOTICE ( PDF/96 KB]
11/20/2014 BRIEF FILED - ORAL ARGUMENT REQUESTED APPELLANT APPELLANT BRIEF I PDF/16.11 MB I
11/ 19/2014 BRIEF RECEIVED - ORAL ARGUMENT REQUESTED APPELLANT
11/18/2014 BRIEF WAS NOT FILED APPELLANT NOTICE I PDF/71 KB I
CAS E EVENT S
DATE EVENT TYPE DESCRIPTION DISPOSITION DOCUMENT
APPELLANT'S AM ENDED BRIEF
AMENDED BRIEF I PDF/1.26 MB I
12/24/2014 APPELLANT
RECEIVED NOTICE
I PDF/96 KB I
CORREffiD NOTICE
12/22/2014 BRIEF
APPELLANT
REQUESTED f PDF/85 KB I
12/20/2014 APPELLEES BRIEF DUE
12/19/2014 AMENDED BRIEF DUE APPELLANT
MOTION FOR NOTICE
12/15/2014 MOTION OR WRIT
EXTENSION OF TIME TO APPELLEE
GRANTED ( PDF/94 KB I
FILE BRIEF DISPOSED
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.........,.,,, -·•"-VA,. ._ .,,,.u'-'Ult) .. l&""t'.)I JC2i&...,JCf01 '"'"d~<;; LICLcJJl,IJ
DATE EVENT TYPE DESCRIPTION DISPOSITION DOCUMENT
APPELLEE NOTICE O F
APPEARANCE
12/12/2014 NOTICE FILED APPELLEE
I PDF/122 KB)
APPELLEE'S MOTIO N FOR
MOTION FOR
EXTENSION ON BRIEF
12/12/2014 EXTENSION OF TIME TO APPELLEE
FILE BRIEF FILED I PDF/255 KB)
NOTICE
CORRECTED BRIEF
12/09/2014 CIVIL
REQUESTED I PDF/90 KB I
11/26/2014 APPELLANTS BRIEF DUE
BRIEF FILED - ORAL APPELLANT BRIEF
11 /20/2014 APPELLANT
ARGUMENT REQUESTED ( PDF/16.11 MB)
ORDER GRANTING APPELLANT
MOTION EXTEND TIME FILE
BRIEF
MOTION OR WRIT
11/20/2014 ORDER ENTERED APPELLANT I PDF/41 KB I
GRANTED
NOTICE
I PDF/85 KB]
BRIEF RECEIVED - ORAL
11/19/2014 APPELLANT
ARGUMENT REQUESTED
NOTICE
CORRECTED BRIEF
11/19/2014 APPELLANT
REQUESTED I PDF/81 KB I
MOTION FOR MT EXT BRIEF FLO
11/18/2014 EXTENSION OF TIME TO
FILE BRIEF FILED I PDF/1 Z3 KB I
NOTICE
11/18/2014 BRIEF WAS NOT FILED APPELLANT
I PDFn1 KB]
NOTICE
CORRECTED BRIEF
11/14/2014 APPELLANT
REQUESTED I PDF/82 KB I
11/14/2014 APPELLANTS BRIEF DUE
MOTION FOR NOTICE
MOTION OR WRIT
10/22/2014 EXTENSION OF TIME TO APPELLANT
GRANTED I PDF/92 KB]
FILE BRIEF DISPOSED
MOTION EXTENSION
MOTION FOR
APPELLANT BRIEF
10/21/2014 EXTENSION OF TIME TO APPELLANT
FILE BRIEF FILED I PDF/129 KB J
10/15/2014 APPELLANTS BRIEF DUE
APE NOTICE CHANGE OF
ADDRESS
09/30/2014 NOTICE FILED APPELLEE
I PDF/181 KB)
CORRECTED NOTICE
09/30/2014 DOCUMENT APPELLEE
I PDF/88 KB )
REQUESTED
ELECTRONIC NOTICE
09/15/2014 REPORTER/RECORDERS
I PDF/92 KB I
RECORD FILED
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1....ase ueta11 file:///C:/2014 Pending Files/Samples/Case Detail.I
DATE EVENT TYPE DESCRIPTION I DISPOSITION I DOCUMENT I
ORDER RESTRICTED APPEAL I
MOTION OR WRIT I PDF/4 0 KB I
08/27/2014 ORDER ENTERED APPELLANT
GRANTED NOTICE
I PDF/85 KB l
APPELLEE RESPONSE TO
MOTION
08/18/2014 RESPONSE FILED APPELLEE
I PDF/2.14 MB I
CORRECTED NOTICE
08/15/2014 DOCUMENT APPELLEE
REQUESTED I PDF/88 KB I
SUPPLEMENTAL CLERKS
08/15/2014
RECORD DUE
NOTICE
ELECTRONIC CLERKS
08/14/2014
RECORD FILED [ PDF/91 KB]
NOTICE
08/13/2014 NO CLERKS RECORD
CIVIL
FILED IN CIVIL CASE I PDF/97 KB I
NO REPORTERS NOTICE
08/13/2014 RECORD FILED IN CIVIL CIVIL
CASE I PDF/97 KB l
08/12/2014 RECORD DUE
APPELLANT MOTION
AMEND/CHANGE APPEAL TO
MOTION TO AMEND
08/06/2014 APPELLANT RESTRICTED
FILED
1PDF/148 KB j
ORDER DENING APPELLANT
MOTION REMAND CASE AS
MOOT, DIRECTING
SUPPLEMENTAL CLERK
RECORD OF TRIAL COURT
07/31/2014 ORDER ENTERED APPELLANT OTHERWISE DISPOSED ORDER ON MOTION BE FILED
I PDF/42 KB]
NOTICE
I PDF/85 KB]
DOCKETING DOCKETING STATEMENT
07/25/2014 APPELLANT
STATEMENT FILED I PDF/10.71 MB]
APPELLANT MOTION REMAND
MOTION FOR FOR HEARING OR OTHER
07/25/2014 EMERGENCY RELIEF APPELLANT RELIEF
FILED
I PDF/33.14 MS I
CORRECTED NOTICE
07/25/2014 DOCUMENT APPELLANT
REQUESTED I PDF/8B KB l
CORRECTED
NOTICE
07/25/2014 DOCUMENT APPELLANT
REQUESTED I PDF/88 KB I
DOCKETING NOTICE
07/16/2014 CIVIL
STATEMENT DUE I PDF/92 KB I
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DATE I EVENTTYPE I DESCRIPTION I DISPOSITION I DOCUMENT
NOTICE
07/16/2014 FEE REQUESTED
( PDF/7 1 KB ]
NOTICE OF APPEAL
NOTICE OF APPEAL I PDF/2.70 MB I
07/16/2014 FILED IN COURT OF
NOTICE
APPEALS
I PDF/ 96 KB I
NOTICE OF APPEAL
07/14/2014
FILED IN TRIAL COURT
JUDGMENT SIGNED BY
04/14/2014
TRIAL COURT JUDGE
CALENDARS
SET DATE [~l.ENDAR TYPE I REASON SET
01/12/2015 STATUS MOTION DUE
01/19/2015 STATUS APPELLEE BRIEF DUE
08/15/2014 STATUS CLERK RECORD DUE PER COURT ORDER
PARTIES
PARTY I PARTYTYPE --1 - REPRESENTATIVE
-
SAMPLES, RODRICK APPELLANT JOHN WEDDLE
BARBARA S. NICHOLAS
THE DALLAS COUNTY SPECIAL SERVICE
APPELLEE CAMILLE STEARNS MILLER
COMMISSION, ET AL
TAMMY JEAN ARDOLF
TRIAL COURT INFORMATION
COURT: 160TH JUDICIAL DISTRICT COURT
COUNTY: DAllAS
COURT JUDGE: HONORABLE JIM JORDAN
COURT CASE: OC12-11245
COURT REPORTER: SHARRON RANKIN
PUNISHMENT:
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