David Thompson, Individually and as Next Friend of B. T., a Minor v. Charles Neighbor and Charles Farmer

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
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