Mark Thuesen v. Amerisure Insurance Company and Swamplot Industries LLC and Laurence David Albert, Beth Anne Brinsdon, Doyle Raizner, L.L.P., Michael Patrick Doyle, and Jeffrey Lewis Raizner
ACCEPTED
14-14-00666-CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
1/28/2015 12:02:15 AM
CHRISTOPHER PRINE
CLERK
No. 14-14-00666-CV
_________________________________________ FILED IN
14th COURT OF APPEALS
HOUSTON, TEXAS
IN THE COURT OF APPEALS 1/28/2015 12:02:15 AM
FOURTEENTH JUDICIAL DISTRICT CHRISTOPHER A. PRINE
HOUSTON, TEXAS Clerk
_________________________________________
MARK THUESEN,
Appellant,
V.
AMERISURE INSURANCE COMPANY, SWAMPLOT INDUSTRIES LLC,
LAURENCE DAVID ALBERT AND BETH ANNE BRINSDON,
Appellees,
____________________________________________
On Appeal from the 151st Judicial District Court, Harris County, Texas
Trial Court Cause Number 2012-49262
____________________________________________
APPELLANT’S THIRD MOTION
FOR EXTENSION FOR TIME TO FILE BRIEF
TO THE HONORABLE FOURTEENTH COURT OF APPEALS:
1. On November 20, 2014, the Court granted Appellant’s Motion for Extension
for Time to File Brief and Compel Supplement to Clerk’s Record. The time
was extended to and including Monday, December 29, 2014. Appellant
needed additional time because the clerk had not filed the complete record.
On December 12, 2014, 22 days after the Court ordered the clerk to file a
supplemental clerk’s record, the clerk filed the supplemental record. For this
reason, the Court granted Appellant a second extension of time to
Wednesday, January 28, 2015.
2. Appellant’s brief is currently due on January 28, 2015. Pursuant to Tex. R.
App. P. 38.6(d) and 10.5(b)(1), Appellant respectfully requests a thirty-day
extension of time to file his brief because Appellant experienced an
electrical power surge that caused Appellant’s Brief in electronic file format
to become corrupted. Appellant has recovered an earlier saved version,
however Appellant will have to recreate the index of authorities that was not
saved before the electrical power surge. Appellant could not reasonably
complete his brief before the current deadline in twenty-four hours.
3. Appellant contacted appellee’s counsel for a response to this motion,
however appellee’s counsel did not respond to appellant.
4. Two prior extensions were requested and granted.
PRAYER
5. For these reasons, Appellant respectfully requests the Court to (1) GRANT
his Appellant’s Third Motion for Extension for Time to File Brief, and (2)
GRANT Appellant a thirty-day extension to file his Appellant’s brief, and
(3) Appellant further requests any and all other relief to which he is entitled.
Respectfully submitted,
/s/ Mark Thuesen_____________
Mark Thuesen, Pro se
P.O. BOX 540365
Houston, Texas 77254
Telephone: (585) 300-5793
Email: xtraderweb@hotmail.com
Pro se for Appellant
CERTIFICATE OF CONFERENCE
Appellant has conferred with Appellee’s counsel regarding this motion,
however Appellee did not respond.
/s/ Mark Thuesen_____________
Mark Thuesen, Pro se
CERTIFICATE OF SERVICE
As required by Tex. R. App. P. 6.3 and 9.5(b)(1), (d), (e), I hereby certify
that the foregoing document has been filed in the office of the Clerk of the First
Court of Appeals and a true and correct copy of the same has been provided to
counsel listed below by the electronic filing manager on this 27th day of January,
2015. As a courtesy, I also sent to the legal counsel listed below an electronic mail
notification with Appellant’s motion attached in a PDF format.
Attorneys for Appellee Swamplot Industries LLC, Albert and Brinsdon:
James A. Hemphill
Matthew B. Baumgartner
GRAVES, DOUGHERTY, HEARON & MOODY, P.C.
401 Congress Ave., Suite 2200
Austin, Texas 78701
Telephone: 512-480-5762
Facsimile: 512-536-9907
Email for Jim Hemphill: jhemphill@gdhm.com
Email for Matt Baumgartner: mbaumgartner@gdhm.com
/s/ Mark Thuesen_____________
Mark Thuesen, Pro se