February 10, 2015
No. 03-13-00318-CV
IN THE
THIRD COURT OF APPEALS
at Austin. Texas
JUAN A. MARTIN-DE-NICOLAS
Appellant
REX JONES
Appellee.
Appealed from the County Court at Law No. 2 of
Travis County, Texas
Cause No. C-l-CV-12-008738
APPELLANT'S FIRST MOTION TO EXTEND TIME TO FILE
APPELLANT'S MOTION FOR EN BANC RECONSIDERATION
_. Filed by:
'RECEIVED^
Juan A. Martin-de-Nicolas
FEB 1 0 2015
Appellant, Pro Se
kTHlROraURTOFAP^tS/
R0 COURT OF A? 5604 Woodview Ave.
Austin. TX 78756
Tel. 512-565-1498
Appellant's First Motion to Extend Time to File Appellant's Motion for En Band Reconsideration
Page 1 of 6
Identity of Parties and Counsel
Appellant/Plaintiff Pro Se: Juan A. Martin-de-Nicolas
5604 Woodview Avenue
Austin TX 78756
Telephone: 512-565-1498
Email: juanmden@yahoo.com
Appellee/Defendant's Counsel:
Ronald L. Clark
State Bar No.: 04298300
CLARK. PRICE & TREVINO
1701 Directors Boulevard, Suite 920
Austin Texas 78744
Telephone: 512-445-1580
Telecopier: 512-383-0503
Email: ronald.clark@FannersInsurance.com
Appellant's First Motion to Extend Time to File Appellant's Motion for En Band Reconsideration
Page 2 of 6
TO THE HONORABLE THIRD COURT OF APPEALS:
Pursuant to TEX. R. APP. P. 10.1, and 10.5(b), the Appellant, Juan A.
Martin-de-Nicolas, files this "'Appellant's First Motion to Extend Time to File
Appellant's Motion for En Banc Reconsideration."
On 28 August 2014, this court ofappeals rendered judgment affirming the
lower court ruling. On 26 January 2015, this court denied appellant's motion for
rehearing.
Appellant's Motion for En Banc Reconsideration, is currently due today,
Tuesday 10 February 2015.
Appellant seeks leave of court for a 7-day extension of time to file its
motion, making the motion due next Tuesday 17 February 2015. This is the first
request for extension of time to file the motion for en banc reconsideration.
REQUEST FOR EXTENSION OF TIME TO FILE APPELLANT'S MOTION
FOR EN BANC RECONSIDERATION
This request is not sought for delay, but so that justice may be done.
Appellant relies on the following reason to explain the need for the requested
extension:
• Appellant came across a complex legal issue that may affect the outcome of
his motion for en banc reconsideration. Appellant needs an additional seven
days (7 days) to study the issue and prepare a cogent and succinct motion to
Appellant's First Motion to Extend Time to FileAppellant's Motion for En Band Reconsideration
Page 3 of 6
aid this Court in its analysis of the issues presented for review in the motion
for en banc reconsideration.
PRAYER FOR RELIEF
For the reason set forth above, Appellant requests that this Court grant this
"Appellant's First Motion to Extend Time to File Appellant's Motion for En Banc
Reconsideration."
Respectfully submitted.
luan A. Mairtin-de-Nicolas
/5604 Woodview Avenue
Austin TX 78756
Telephone: 512-565-1498
Email: juanmden@yahoo.com
Appellant's First Motion to Extend Time to File Appellant's Motion for En Band Reconsideration
Page 4 of 6
CERTIFICATE OF SERVICE
Pursuant to TEX. R. APP. P. 9.5.1 certify that on |fl FeggJfM , 2015,
a copy of this motion was served via USPS Certified Mail RRR#
^012' 3^*00' 000*2. *ft53 'Wo tl", on the following counsel of record:
Attorney: Client:
Ronald L. Clark Rex Jones
State Bar No.: 04298300
CLARK, PRICE & TREVINO
1701 Directors Boulevard, Suite 920
Austin Texas 78744
luan A. Martin-de-Nicolas
5604 Woodview Avenue
Austin TX 78756
Telephone: 512-565-1498
Email: juanmden@yahoo.com
Appellant's First Motion to Extend Time to File Appellant's Motion for En Band Reconsideration
Page 5 of 6
STATE OF TEXAS
TRAVIS COUNTY
AFFIDAVIT IN SUPPORT OF
APPELLANT'S FIRST MOTION TO EXTEND TIME TO FILE
APPELLANT'S MOTION FOR EN BANC RECONSIDERATION
Before me, the undersigned notary, on this day personally appeared Juan A.
Martin-de-Nicolas, the affiant, a person whose identity is known to me. After I
administered an oath to affiant, affiant testified:
1. My name is Juan A. Martin-de-Nicolas. I am over 18 years of age, of sound
mind, and capable of making this affidavit. The facts stated in this affidavit
are within my personal knowledge and are true and correct.
2. I am the Appellant in this appeal. I am including this affidavit in support of
Appellant's First Motion to Extend Time to File Appellant's Motion for En
Banc Reconsideration. The facts stated in this motion are within my
personal knowledge and are true and correct.
Juan A. Martin/de-Nicolas
Sworn to and subscribed before me by 3 u ^ A /v\*> /-V* » - Ac- /V\