ACCEPTED
01-14-00082-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
2/5/2015 2:36:39 PM
CHRISTOPHER PRINE
CLERK
NO. 01-14-00082-CV
FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
2/5/2015 2:36:39 PM
IN THE COURT OF APPEALS CHRISTOPHER A. PRINE
Clerk
FOR THE FIRST DISTRICT OF TEXAS
AT HOUSTON
MARY LYNN KANTARA GERKE
V.
JAMIL “JAMES” KANTARA
APPELLEE’S MOTION FOR EXTENSION
OF TIME TO FILE APPELLEE’S REPLY BRIEF
TO THE HONORABLE COURT OF APPEALS:
Appellee Jamil “James” Kantara (herein after “James”) files this Appellee’s
Motion for Extension of Time to File Appellee’s Reply Brief under Texas Rules of
Appellate Procedure 10.5(b) and 38.6(d). James respectfully requests a 30-day
extension to file Appellee’s reply brief to Appellant’s Brief of Appellant. Appellee
requests the 30-day extension begin on the first day after the latter of this Court’s
ruling on Appellee’s Motion to Strike Brief of Appellant Filed on January 12, 2015
and this Court’s Notice To Dismiss For Want Of Jurisdiction on January 27, 2015.
This is Appellee’s first request for an extension of time to file his brief.
I.
This is an appeal from an October 28, 2013 judgment signed by the Associate
Judge of the 311th Judicial District Court of Harris County, Texas, denying in part
Appellant’s Mary Lynn Kantara Gerke’s (hereinafter “Mary”) petition to modify
parent-child relationship and granting in part Appellee’s counter-petition. On
November 25, 2013, Appellant filed a motion for new trial that was overruled by
operation of law and on January 24, 2014, Appellant filed a notice of appeal.
II.
An extension of time is necessary for the following reasons:
1. On December 9, 2014, Mary filed her Appellant’s Brief pro se.
2. On January 7, 2015, James filed Jamil “James” Kantara’s Reply Brief.
3. On January 12, 2015, Ms. Tomlinson, attorney for Mary, filed Brief of
Appellant. This court notified Appellee, Appellee’s brief was due on
February 11, 2015.
4. On January 16, 2015, James filed Appellee’s Motion to Strike Brief of
Appellant Filed on January 12, 2015.
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5. On January 22, 2015, Mary filed Appellant’s Motion Requesting the
Court to Order Appellant’s Attorney to Rebrief Her Case.
6. On January 23, 2015, Ms. Tomlinson filed her Response to Appellee’s
Motion to Strike Brief of Appellant.
7. On January 23, 2015, James filed Appellee’s Response to Appellant’s
Response to Appellee’s Motion to Strike Brief of Appellant.
8. On January 27, 2015, this Court issued its Notice To Dismiss For Want
Of Jurisdiction unless a response is received by February 10, 2015.
III.
Accordingly, Appellee requests a 30-day extension of time to file Appellee’s
reply brief after this Court rules on Appellee’s Motion to Strike Brief of Appellant
Filed on January 12, 2015 and this Court’s Notice To Dismiss For Want Of
Jurisdiction filed on January 27, 2014. This Motion is not filed for the purpose of
delay but so that Appellee can determine whether an Appellee’s brief is warranted
at this time.
IV.
For these reasons, Appellee Jamil “James” Kantara respectfully requests that
the Court grant this motion and extend the time for filing his reply brief.
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Respectfully submitted,
Wilfried P. Schmitz & Associates, P.C.
/s/ Wilfried Schmitz
BY: _________________________
Wilfried P. Schmitz
Texas Bar No. 17778700
17040 El Camino Real, Suite 400
Houston, Texas 77058
Phone: (281) 486-5066
Email: Court_Documents@schmitzlaw.com
Attorney for Jamil “James” Kantara
CERTIFICATE OF CONFERENCE
In accordance with Rule 10.1(a)(5) of the Texas Rules of Appellate Procedure,
I certify that I contacted counsel concerning the filing of this Appellee’s Motion For
Extension Of Time To File Appellee’s Reply Brief. The undersigned has not yet
received a reply and cannot state at this time whether counsel is unopposed.
/s/ Wilfried Schmitz
Wilfried P. Schmitz
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CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing Appellee’s
Motion For Extension Of Time To File Appellee’s Reply Brief has this 5th day of
February, 2015, been sent pursuant to T.R.A.P. 9.5 (b)(1) by electronic mail, to the
following:
Ashley Tomlinson
1800 Saint James Place, Suite 620
Houston, TX 77056
eserviceavt@dalefamilylaw.com
Douglas York
3355 W. Alabama, Suite 100
Houston, Texas 77098
york@douglasyork.com via E-File
/s/ Wilfried Schmitz
Wilfried P. Schmitz
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