ACCEPTED
04-15-00338-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
8/10/2015 3:49:15 PM
KEITH HOTTLE
CLERK
No. 04-15-00338-CV
_______________________________________________________________________
FILED IN
In the Fourth Court of Appeals 4th COURT OF APPEALS
SAN ANTONIO, TEXAS
San Antonio, Texas
08/10/15 3:49:15 PM
________________________________________________________
KEITH E. HOTTLE
Clerk
Arthur Butcher,
Appellant,
City of San Antonio, Acting By and Through Its Agent
City Public Service Board d/b/a CPS Energy,
Appellee,
______________________________________________
Appeal from the 408th Judicial District Court
Bear County, Texas
_____________________________________________
APPELLANT’S LATE FILED RESPONSE TO JULY 21, 2015 SHOW CAUSE ORDER
ON MOTION FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL
___________________________________________________________
Samuel C. Beale
State Bar No. 01952380
5821 Southwest Freeway, Suite 416
Houston, Texas 77057-7526
(281) 664-6400
(281) 664-6423 (facsimile)
ATTORNEY FOR ARTHUR BUTCHER
APPELLANT’S MOT FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL Page 1
No.
_______________________________________________________________________
In the Fourth Court of Appeals
San Antonio, Texas
________________________________________________________
Arthur Butcher,
Appellant,
City of San Antonio, Acting By and Through Its Agent
City Public Service Board d/b/a CPS Energy,
Appellee,
Appellant’s Late Filed Response to July 21, 2015 Show Cause Order On
Motion For Extension of Time to File Notice of Appeal
Appellant Arthur Butcher, pursuant to TRAP 26.1 files this late response to the Court’s
July 21, 2015 Show Cause Order to show why Appellant did not file a Motion for Extension of
Time to File Notice of Appeal and respectfully shows the court the following:
1. Plaintiff’s Counsel has received four separate notices from this Court in this case from July 1
through July 21, 2015.
2. Plaintiff’s Counsel left his office on the afternoon of July 20, 2015 to travel to Plains, Texas
(on the New Mexico border) for a July 21, 2015 pre-trial court appearance in the 121st District
Court and was without internet connection from the end of the business day July 20, 2015 until
APPELLANT’S MOT FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL Page 2
July 22, 2015. This counsel read the Court’s July 20, 2015 notice in this case and believed that it
had read all notices received in July 21, 2015; but, mistakenly, this counsel never read the July
21, 2015 notice until reviewing the Butcher case file on today, August 10, 2015. Please excuse
this late response.
3. The Court in its July 21, 2015 Show Cause Order is in error when it states that Appellant
failed to file a Motion to Extend Time to File Appeal (see Show Cause Order dated July 21,
2015).
4. On June 2, 2015, Appellant filed his Motion to Extend Time to File Notice of Appeal in
electronic filing Envelope Number 5515777 (see Copy of ProDoceFiling 2 Filing Details
attached as Exhibit A). For your convenience a copy of the Motion is attached as Exhibit B.
5. Further, on June 3, 2015, this Court accepted Appellant’s Motion to Extend Time to File
Notice of Appeal (see this Court Clerk’s Filing Acceptance attached as Exhibit C).
THEREFORE, Appellant prays that the Court will recognize its error and withdraw is
Show Cause Order dated July 21, 2015 in this case.
Respectfully submitted,
/S/ Samuel C. Beale__
SAMUEL C. BEALE
ATTORNEY FOR APPPELLANT
ARTHUR BUTCHER
5821 SOUTHWEST FREEWAY, # 416
HOUSTON, TEXAS 77057
TEL: (713) 333-0505
FAX: (281) 664-6423
SBN: O1952380
APPELLANT’S MOT FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL Page 3
CERTIFICATE OF SERVICE
0n August 10, 2015 a copy of the attached Appellant’s Late Filed Response to Show Cause
Order July 21, 2015 was served on Respondent’s Attorney of record by electronic filing notice to
wit:
Christine Reinhard
Attorney for Appellee
17806 IH West, Suite 400
San Antonio, Texas 78257
/S/ Samuel C. Beale__
Samuel C. Beale
APPELLANT’S MOT FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL Page 4