ACCEPTED
01-14-00843-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
1/23/2015 2:19:35 PM
CHRISTOPHER PRINE
CLERK
CAUSE NO. 01-14-00843-CV
RAYMOND ESPINOZA, § IN THE FILED IN
1st COURT OF APPEALS
Appellant (Plaintiff) § HOUSTON, TEXAS
§ TEXAS COURT OF1/23/2015
APPEALS 2:19:35 PM
v. § CHRISTOPHER A. PRINE
§ Clerk
AARON’S RENTS, INC., ET. AL. § FIRST DISTRICT
UNOPPOSED MOTION TO CLARIFY (OR EXTEND) TIME FOR FILING OF
APPELLANT’S AND APPELLEE’S OPENING BRIEF
TO THE HONORABLE JUDGES OF SAID COURT:
COMES NOW YOUR APPELLANT, Raymond Espinoza, Plaintiff below, who,
pursuant to Texas Rules of Appellate Procedure, Rule 10.5, respectfully moves this honorable
Court to clarify, and if necessary, extend, the due date for both the Appellant’s Opening Brief
and the Appellee’s Opening Brief. In support of this motion, your Appellant respectfully shows
unto this honorable Court the following:
1. The Appellee’s brief is due on the later of the date’s the clerk’s record was filed or the
date the report’s record was filed. See Tex.R.App.P., Rule 38.6.
2. The honorable Court received the full Clerk’s Record on January 5, 2015. See Online
Record of the Case, at http://www.search.txcourts.gov/Case.aspx?cn=01-14-00843-
CV&coa=coa01
3. Invoices for both the Court’s Record and the Reporter’s Record were received by the
undersigned, and paid by the undersigned.
Espinosa v. Aaron’s Rents
MOTION TO EXTEND TIME
Page 1
4. While the honorable Clerk of the trial court has filed the Clerk’s Record, the Reporter’s
Record has not yet been filed with the honorable Court.
5. This would appear to postpone any briefing due date, and leave no current deadline for
either brief, as an opening brief is due only after both the reporter’s, and the clerk’s,
record have been filed. See id.
6. To avoid any uncertainty, and also to keep this appeal from waiting indefinitely for a
filing beyond the control of the parties, the Appellant suggestions the following briefing
schedule:
a. Due Date for Appellant’s Opening Brief: February 28, 2015
b. Due Date for Appellee’s Opening Brief: April 28, 2015.
c. Reply Brief: as per the Texas Rules of Appellant Procedure.
7. As a February 28, 2015 deadline for the Appellant’s brief could be perceived as an
extension of a due date of February 5, 2015 (if only the Clerk’s record filing triggered the
briefing deadline), the same courtesy and extension should apply to the Appellee, and
thus this motion proposes sixty days from the Appellant’s brief for the filing of the
Appellee’s brief.
8. The undersigned’s research and drafting work has been delayed, both because of the
absence of a Reporter’s Record, and because he has been assisting his sister in relocating
to the Republic of Panama, including travel to that country.
9. A clarification and setting of briefing time will give both parties a full and adequate
opportunity to frame and present their arguments to the honorable Court.
Espinosa v. Aaron’s Rents
MOTION TO EXTEND TIME
Page 2
10. No previous extensions have been requested by either party, and no previous extensions
have been granted by this Court.
Respectfully submitted,
ROBERT TEIR, PLLC
Digitally signed by Robert Teir
Robert Teir DN: cn=Robert Teir, o=Robert Teir,
PLLC, ou, email=rob@teirlaw.com, c=US
Date: 2015.01.23 14:13:28 -06'00'
____________________________________
By: Robert Teir
845 517 West, Suite 200
TEL: 832.365.1191
FAX: 832.550.2700
Email: rob@teirlaw.com
Attorney on Appeal for Mr. Raymond Espinoza
Espinosa v. Aaron’s Rents
MOTION TO EXTEND TIME
Page 3
CERTIFICATE OF SERVICE AND NO OPPOSITION
I, Robert Teir, undersigned below, hereby certify that, on the 23rd day of January, 2015,
a true and correct copy of the foregoing Motion to Extend Time has been forwarded to learned
counsel for the Plaintiff, Ms. Virginia Mixon Swindell, by fax to (713) 650-0405. A courtesy
copy of the foregoing has also been served upon co-counsel for the Plaintiff, Dion Kohler, Esq.,
by fax to (404) 525-1173.
I also certify that the Mr. Kohler informed me that he is not opposed to the mutual
extensions of time.
Digitally signed by Robert Teir
Robert Teir
DN: cn=Robert Teir, o=Robert
Teir, PLLC, ou,
email=rob@teirlaw.com, c=US
Date: 2015.01.23 14:14:12 -06'00'
_________________________________
Robert Teir
Espinosa v. Aaron’s Rents
MOTION TO EXTEND TIME
Page 4