ACCEPTED
03-14-00479-CV
4450708
THIRD COURT OF APPEALS
AUSTIN, TEXAS
3/11/2015 9:42:29 AM
JEFFREY D. KYLE
CLERK
IN THE COURT OF APPEALS FOR THE
THIRD JUDICAL DISTRICT
AUSTIN, TEXAS FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
3/11/2015 9:42:29 AM
KIM BLACKSTON CLOGSTON § JEFFREY D. KYLE
§ Clerk
§
V. § Case No. 03-14-00479-CV
§
CURTIS P. CLOGSTON §
§
MOTION TO EXTEND TIME TO FILE
APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Kim Blackston Clogston, Appellant in the above styled and
numbered cause, and moves this Court to grant an extension of time to file
appellant's brief, pursuant to Rule 38.6 of the Texas Rules of Appellate Procedure
and Local Rule 51 Motion to Extend Time, and for good cause shows the
following:
1. This case is on appeal from the 421st Judicial District Court of
CALDWELL County, Texas.
2. The case below was styled the KIM BLACKSTON CLOGSTON V
CURTIS P. CLOGSTON, and numbered 05 D 540.
3. Appellee is Curtis P. Clogston.
4. Notice of appeal was given on OCTOBER 1, 2014.
5. Appellant’s counsel presents this motion because an associate attorney
for David K. Sergi & Associates, P.C., has been in and out of the hospital due to
ongoing medical issues associated to her high-risk pregnancy. Appellant’s
attorney has had to deal with unexpected medical issues associated with his
daughter that have prevented completion of the brief.
6. Counsel for Appellant respectfully requests an extension of two weeks
or until March 25, 2015 so that he may spend the necessary time in preparing the
opening brief in this matter.
This motion is believed to be opposed by Appellee. Counsel for Appellee,
Henry Newton Bell, III, Attorney at Law, has previously stated that he does not
consent to the filing of any motion for extension of time. Appellant represents that
he has exercised diligence and will file the Appellant’s Brief within the time
requested.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this
Court enter an order extending the due date for filing the Appellant’s Brief to
March 25, 2015.
Respectfully submitted,
Sergi and Associates P.C.
By: /s/ David Sergi
David K. Sergi
State Bar No. 18036000
2
329 South Guadalupe Street
San Marcos, Texas 78666
Tel: 512 392 5010
Fax: 512 392 5042
E-Mail: david@sergilaw.com
ATTORNEY FOR
KIM BLACKSTON CLOGSTON
CERTIFICATE OF CONFERENCE
As required by Texas Rule of Appellate Procedure 10.5(b) I certify that my
staff attempted to confer with Henry Newton Bell, III, counsel for Appellee
regarding any opposition to our Motion to Extend Time to File Appellant’s Brief.
/s/ David Sergi
David K. Sergi
CERTIFICATE OF SERVICE
This is to certify that on March 11, 2015, a true and correct copy of the
above and foregoing document was served on the following: Henry Newton Bell,
III, at (512) 458-2354, via facsimile.
/s/ David Sergi
David K. Sergi
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