ACCEPTED
03-15-0008-CV
4133941
THIRD COURT OF APPEALS
AUSTIN, TEXAS
2/12/2015 4:31:46 PM
JEFFREY D. KYLE
CLERK
Court of Appeals Number: 03-15-00008-CV
FILED IN
PAUL D. SIMMONS, Appellant § IN THE 3RD DISTRICT
3rd COURT OF APPEALS
§ AUSTIN, TEXAS
vs. § 2/12/2015 4:31:46 PM
COURT OF APPEALS
§ JEFFREY D. KYLE
STATEOFTEXAS · Clerk
TERESA A. SIMMONS, Appellee §
FIRST MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes MELVIN GRAY, attorney for Appellant in the above styled and numbered .
cause, and moves this Court to grant an extension of time to file appellant's brief, pursuant to Rule
38.6 ofthe Texas Rules of Appellate Procedure, and for good cause shows the followiri.g:
1. This case is on appeal from the 119th Judicial District Court ofTom Green County,
Texas.
2. The case was styled TERESA A. SIMMONS v. PAUL D. SIMMONS, and bears
cause number Bl30232F.
3. A judgment was rendered against Appellant on September 15, 2014.
4. Appellant filed a Request for Findings ofF act and Conclusions ofLaw on October 3,
2014.
5. Notice of appeal was given on December 12,2014.
I
6. The reporter's record was filed on January 12,2015, andthe clerk's record was filed
on January 13,2015.
7. The appellant's brief is due on February 12, 2015.
8. Attorney for Appellant requests an extension of time of 60 days from the present due
date to file the brief.
9. No previous extensions of time have been requested.
10. Appellant relies on the following facts as good cause for the requested extension:
a) Counsel for Appellant, due to the nature ofhis law practice, has had to
be out of town and away from his office for the majority of the last 30 days.
b) Counsel for Appellant begins a jury trial for a capital murder on
February 17, 2015, and much of counsel's time in the past 30 days has been devoted
to preparing for the trial.
c) Counsel for Appellant has a very heavy trial court caseload and must appear in
court on almost a daily basis for a criminal case, civil case or family law case.· Jn order to
adequately scrutinize the record and properly prepare this brief, the undersigned attorney will _ ··
need additional time. . . -- -
d) Despite the best efforts of the undersigned attorney, this brief cannot be. _- _.
properly prepared iii the time allotted. . . ..
11. Gounsel has confeJ:Ted wjth Kirk Ha\Y!<.Jn.s, attorney for Appellee, and he has no ..
objection to this Motion. -
WHEREFORE, PREMISES CONSIDERED, attorney for Appellantpraysthatthis.Court
grant this First Motion to Extend Time to File Appellant's Brief, and for such other and further relief.
as the Court may- deem appropriate. -- · -. -· --· · - .
Respectfully submitted,
GRAY & BRIGMAN, PLLC
206 West College A venue
San Angelo, TX 76903
Tel: (325) 653-4594
Fax: (325) 657-0039
By: 1'1tW
MELVIN GRAY
-~
State Bar No. 08328000
CERTIFICATE OF SERVICE
Tl}.is is to certify that on February 12, 2015, a true and correct copy of the above and
foregoing document was served on Kirk Hawkins, Attorney for Appellee, via the efiling system.
~~
MELVIN GRAY
STATE OF TEXAS §
§ .
COUNTY,OF TOM GREEN .§ .. ·_: ; ' ~
AFFIDAVIT
BEFORE ME,theundersigned authority, on this. day personally appeared MELVIN GRAY,_,:, .·.•. . . . ..~- ,
who after being duly sworn stated:
"I am the attom~y for the .appellant in the above numbered and entitled cause. I. have
read the foregoing First Motion to Extend Time to File Appellant's Brief and swear · ·
that all of the allegations of fact contained therein are true and correct."
MELVIN GRAY
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME on February 12,2015, to certify which
witness my hand and seal of office.
~~~¥';''/f.tz,,_ SALLY GREEN Notary Public, Sfute of Texas
g.(;:!i::J'0'% Notary Public. State of Texas
"%-"A~..~=ilff My Commission Expires
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I fUll\
March' 14, 2016