ACCEPTED
06-14-00094-CV
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
3/3/2015 5:45:30 PM
DEBBIE AUTREY
CLERK
CASE NO. 06-14-00094-CV FILED IN
_____________________________________________________________
6th COURT OF APPEALS
TEXARKANA, TEXAS
3/3/2015 5:45:30 PM
IN THE SIXTH COURT OF APPEALS
DEBBIE AUTREY
TEXARKANA, TEXAS Clerk
_____________________________________________________________
Nancy Bowman,
Appellant,
vs.
Jerry Davidson and
Diana Davidson,
Appellees.
____________________________________________________________
On Appeal from the 71st Judicial District
Harrison County, Texas
Cause No. 13-0618
The Honorable Brad Morin, Presiding
____________________________________________________________
UNOPPOSED MOTION TO EXTEND TIME TO FILE
APPELLANT’S BRIEF
____________________________________________________________
TO THE HONORABLE JUDGES OF SAID COURT:
COMES NOW NANCY BOWMAN, Appellant in the above-referenced
cause, who makes and files this, her Unopposed Motion to Extend Time to File
Appellant’s Brief pursuant to Texas Rules of Appellate Procedure 10.5, and in
support whereof would respectfully show unto the Honorable Court as follows:
I.
Background
Appellant filed her Notice of Appeal and immediately requested the
preparation of the clerk and reporter’s records in this matter. However, there was a
delay in getting the records filed and obtaining copies of the record due to the
closing of the courts because of the inclement weather. Further, it has now come
to the Appellant’s attention that there may be documents missing from the Clerk’s
Record and Supplemental Record filed later by the Clerk. Appellant is working
diligently to resolve the issues but she needs additional time to file her brief as a
result.
The current due date for Appellant’s Brief is March 9, 2015. Appellant
requests an extension of the deadline in order to allow additional time for the
preparation of her brief with the benefit of a complete Clerk’s Record. This is the
first request for an extension made by Appellant in this matter.
II.
Grounds
The following facts are relied upon by Appellant to reasonably explain the
need for the requested extension and provide the Court with good cause:
The Clerk’s Record was not complete when filed. Appellant has not been
able to obtain a bate-stamped copy of the Supplemental Record to date due to the
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court’s closing because of inclement weather, and Appellant needs to make sure all
relevant documents are included in the Clerk’s Record and Supplemental Record
before she can cite to the documents and file her brief.
Thus, Appellant requests an extension of time in order to prepare her brief
based on a complete Clerk’s Record.
III.
Relief Requested
Accordingly, Appellant requests the Court grant her an extension of thirty
(30) days to file her Appellant’s Brief from the current due date of March 9, 2015.
The undersigned has conferred with the Appellees’ attorney, and he has indicated
he does not oppose the relief sought in this Motion.
IV.
Prayer
Appellant prays the Honorable Court GRANT her request to extend the
deadline for filing the Appellant’s Brief as set forth herein.
Appellant prays for such other and further relief, general or special, in law or
in equity, to which she may show herself to be justly entitled.
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Respectfully submitted,
/s/Jack M. Sanders, Jr
JACK M. SANDERS, JR.
109 East Houston Street
P.O. Box 1387
Marshall, Texas 75671-1387
(903) 935-7172
(903) 938-8616 (Fax)
sanders.jack@sbcblobal.net
ATTORNEY FOR APPELLANT
CERTIFICATE OF CONFERENCE
The undersigned hereby certifies that, has conferred with the attorney of
record for Appellees regarding this Motion, and that he does not oppose the relief
requested herein.
/s/Jack M. Sanders, Jr.
Jack M. Sanders, Jr.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that, pursuant to Texas Rules of Appellate
Procedure 6.3, a true and correct copy of the foregoing Motion to Extend has been
sent to the following counsel of record for Appellees by postage prepaid certified
mail, return receipt requested on this, the 3rd day of March, 2015.
/s/Jack M. Sanders, Jr.
Jack M. Sanders, Jr.
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