ACCEPTED
N/A
FIRST COURT OF APPEALS
HOUSTON, TEXAS
1/14/2015 3:13:30 PM
CHRISTOPHER PRINE
CLERK
Cause No. 01-15-00064-CV
DAVID THOMPSON, Individually and § IN THE FIRST DISTRICT
RECEIVED IN
as Next Friend of BRYSON TOLER, § 1st COURT OF APPEALS
a Minor, § HOUSTON, TEXAS
§ 1/14/2015 3:13:30 PM
Appellants, § CHRISTOPHER A. PRINE
§
Clerk
V. § COURT OF APPEALS
§
CHARLES NEIGHBOR and §
CHARLES FRIEND §
§
Appellees. § HOUSTON, TEXAS
On appeal from the 334"‘ District Court of Harris County, Texas
PLAINTIFFS’ MOTION TO EXTEND TIME TO FILE NOTICE OF APPEAL
TO THE HONORABLE FIRST COURT OF APPEALS:
DAVID THOMPSON, Individually and as Next Friend of BRYSON TOLER, a Minor,
Appellants here and Plaintiffs below, move this Court to extend time to file their notice of appeal
pursuant to Texas Rule of Appellate Procedure 26.3, and in support hereof would respectfully
show as follows:
1. On October 3, 2014, the 334“' District Court of Harris County, Texas, signed a
final judgment in Cause No. 2011-16031, DA VID THOMPSON, Individually and as Next Friend
of BRYSON TOLER, a Minor, Plaintfi v. CHARLES NEIGHBOR and CHARLES FRIEND,
Defendants.
2. Appellants timely filed a Motion for New Trial on October 31, 2014. Appellants’
Notice of Appeal was originally due to be filed in the trial court on January 1, 2015.
3. Appellants filed in the trial court their Notice of Appeal on Januzny 14, 2015,
which was within fifteen (15) days of the date the notice was originally due to be filed. A copy of
that notice is attached to this motion.
4. The Notice of Appeal was not timely filed because of a miscalculation of the
appellate deadlines under the Texas Rules of Appellate Procedure and difficulty communicating
with the client during the holidays. Appellants’ failure to timely file the notice of appeal was not
deliberate or intentional, but was the result of inadvertence, mistake, or mischzmce.
5. As shown by the attached certificate of conference, H. Emerson Grogro, attorney
for Appellants, conferred with counsel for Appellee CHARLES FARMER and Appellee does
not oppose this motion to extend time.
WHEREFORE, DAVID THOMPSON, Individually and as Next Friend of BRYSON
TOLER, a Minor, Appellants, respectfully pray that this Court grant them an extension of time to
file a notice of appeal under Rule of Appellate Procedure 26.3, and for such other and fiirther
relief to which they are justly entitled.
Respectfiilly submitted,
BANNWART & ASSOCIATES, P.C.
By:
A THONY L. BANNWART
State Bar No.2 00792344
H. EMERSON GROGRO
StateBar No. 24087634
7322 Southwest Frwy., Ste. 1510
Houston, Texas 77074
Tel: (713) 807-0020
Fax: (713) 807-0040
anthony@barmwartlawfirm.com
emerson.gmgro@bannwartlawfirm.com
ATTORNEYS FOR PLAINTIFFS
CERTIFICATE OF CONFERENCE
I certify that I conferred with Mr. R. J. Blue, attorney of record for Defendant CHARLES
FARMER via telephone on J anuaxy 14, 2015 about this motion and that Defendant is unopposed
to this Motion to Extend Time to File Notice of Appeal.
BANNWART & ASSOCIATES, P.C.
~
/ //1%
’1;./ EMERSON GROGRO
~./
ATTORNEYS FOR PLAINTIFFS
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and foregoing Plaintiffs’
Motion to Extend Time to File Notice of Appeal has this day been sent via electronic filing
and/or facsimile to Mr. R. J. Blue, attorney of record for Defendant CHARLES FARMER, at
Soulé, Baldwin & Fanaff, 11200 Richmond, Suite 250, Houston, Texas 77082, (281) 752-6329
(fax).
SIGNED this 14"‘ day of January, 2015.
BANNWART & ASSOCIATES, P.C.
2//ea
/,
“H”. EMERSONVGROGRO
ATTORNEYS FOR PLAINTIFFS
Cause No. 2011-16031
DAVID THOMPSON, Individually and IN THE DISTRICT COURT
as Next Friend of BRYSON TOLER,
a Minor,
Plaintiffs,
HARRIS COUNTY, TEXAS
OO'36O'3€o00@>€47J60>OO'>50'3