ACCEPTED
04-15-00453-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
9/15/2015 2:34:20 PM
KEITH HOTTLE
CLERK
NO. O4-15-00453-CV
IN THE COURT OF APPEALS FILED IN
4th COURT OF APPEALS
SAN ANTONIO, TEXAS
FOR THE 09/15/2015 2:34:20 PM
KEITH E. HOTTLE
FOURTH JUDICIAL DISTRICT Clerk
OF TEXAS, SAN ANTONIO
**************************************************************
STANLEY FREEMAN, APPELLANT
VS.
SUMIKO FREEMAN, APPELLEE
**************************************************************
MOTION FOR ADDITIONAL EXTENSION OF TIME TO FILE BRIEF
************************************************************$*
LAW OFFICES OF ANTHONY W. WALLUK
ANTHONY W. WALLUK
StateBar No. 20796100
111 Soledad, Suite 300
San Antonio, Texas 78205
awa11uk1aw@hotmai1.com
Telephone No.2 (210) 226-4384
Telecopier No.: (210) 226-4526
TO: Fourth Appellate District Clerk
Fourth Court of Appeals
San Antonio, Texas
Petitioner does hereby make timely written request to the Clerk for an additional
extension of time to file Appellant's Brief, and in support thereof, shows as follows:
A. The current deadline for filing the Appellant's Brief is September 18, 2015;
B. Petitioner herewith seeks an extension of time until October 2, 2015 under TRAP
38.6 (d);
C. Petitioner relies on the facts set forth below to explain the need for an extension:
1. Counsel has been involved in numerous medical appointments and examinations
over the last 3 months and his work schedule has been unduly delayed.
2. Research for the brief has been completed however the final drafting and the
administrative assembly and review remains to be completed.
3. On September
14 counsel became aware of his being required to travel to
Midland Texas on September 16, 2015 for a family matter and will be there for 4-5 days.
4. Due to this unexpected requirement to be in Midland Texas if will be Very
difficult to complete this brief in the required time.
D. There have been no prior requests for an extension of time to file this brief.
E. This appeal involves a motion for enforcement of a divorce decree, originally
filed in the 285"‘ District Court in Bexar County Texas, and signed by District Judge Janet
Littlej ohn on March 29, 2010. The order being appealed was signed by District Judge Larry
Noll on April 21, 2015, 2013.
F. The cause number for the original case was 98 CI-13915, and the style of the case
THE MATTER OF THE MARRIAGE OF SUMIKO FREEMAN AND STANLEY
was IN
FREEMAN.
This request is made not for delay but only to afford the opportunity to present an
appropriate, complete brief. Appellant has exercised due diligence in pursuing this appeal
2
and correcting the problem that was identified.
The Honorable Clerk of this Court is requested, therefore, pursuant to the
provisions of the Texas Rules of Appellate Procedure, to authorize an additional extension
of 14 days as requested until October 2, 2015, to allow the filing of the Appellant's brief.
CERTIFICATE OF CONFERENCE
Counsel for Appellant has conferred with counsel for the Appellee regarding the
foregoing motion. Counsel for Appellee has stated that he does not object to this motion
for
extension of time.
Respectfully submitted,
LAW OFFICES OF ANTHONY W. WALLUK
lll Soledad, Suite 300
San Antonio, Texas 78205
(210) 226-4384
Telecopier: (210) 226-4526
Certificate of Service
I certify that a true copy of this designation was served in accordance with rule 9.5 of
on each party or that pa1ty’s lead counsel as follows:
the Texas Rules of Appellate Procedure
Party: SUMIKO FREEMAN
Lead attorney: GARY BEAHM
Address of service: 3003 N.W. Loop 410, Suite 205 78230
Method of service: fax 210-210-340-1346
Date of service: September 15, 2015.