ACCEPTED
03-15-00128-CV
5171627
THIRD COURT OF APPEALS
AUSTIN, TEXAS
5/6/2015 11:21:26 AM
JEFFREY D. KYLE
CLERK
CAUSE NUMBER 03-15-00128-CV
FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
IN THE COURT OF APPEALS
5/6/2015 11:21:26 AM
FOR THE JEFFREY D. KYLE
THIRD COURT OF APPEALS DISTRICT
Clerk
AUSTIN, TEXAS
TEDDE R. BLUNCK,
Appellant,
V.
CATHY A. BLUNCK,
Appellee.
ON APPEAL FROM THE 22ND DISTRICT COURT, HAYS COUNTY, TEXAS
TRIAL COURT CAUSE NO. 11-1217
APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME
TO FILE APPELLANT’S BRIEF
TEDDE R. BLUNCK, PRO SE
502 QUITMAN STREET
P O BOX 1152
PITTSBURG, TEXAS 75686
TELEPHONE: (903) 855-8460
TELECOPIER: (903) 855-8465
E-MAIL: TBLUNCK@YAHOO.COM
Identity of Parties and Counsel
Appellant/Petitioner: Petitioner/Appellant’s Appellate Counsel:
Tedde R. Blunck, Pro Se
502 Quitman Street
P O Box 1152
Pittsburg, Texas 75686
Telephone: (903) 855-8460
Telecopier: (903) 855-8465
E-mail: tblunck@yahoo.com
Appellee/Respondent: Respondent/Appellee’s Appellate Counsel:
Mr. Karl E. Hays
State Bar No. 09307050
Law Office of Karl E. Hays, PLLC
2101 South Highway 35, Suite 210
Austin, Texas 78741
Telephone: (512) 476-1911
Telecopier: (512) 476-1904
E-mail: Service@haysfamilylaw.com
Appellant’s First Motion for Extension of Time to File Brief Page 2 of 5
TO THE HONORABLE THIRD COURT OF APPEALS:
Pursuant to TEX. R. APP. P. 10.1 and 38.6(d), the Appellant Tedde R. Blunck, files
this First Motion to Extend Time to File Appellant’s Brief. It is presumed that the
extension is opposed as counsel for Appellee has not responded to Appellant’s request.
Appellant’s opening brief is currently due on May 8, 2015.
Appellant requests a 31-day extension of time to file its brief, making the brief due
on June 8, 2015. This is the first request for extension of time to file the opening brief.
Appellant relies on the following reasons, in addition to the routine matters that
Appellant as a practicing attorney must attend to in daily practice, to explain the need for
the requested extension:
Appellant has been spending a great deal of time with urgent matters
caused by the untimely death of a client’s father.
Appellant, as a solo practicing attorney, has primary responsibility in the
following lawsuits which involve complex issues and significant time in
research: Complicated partition proceedings involving the sale of rural real
estate complicated by language in a Will being probated and Guardianship
proceedings for benefit of a minor named in the Will as the beneficiary of
the Will with respect to the land being partitioned and sold.
Appellant recently lost his ability to perform legal research on line during
the period from when the Court Reporter’s Record was filed and when the
Brief is due. There was a substantial period of time when Appellant was
unable to perform legal research on line and there are no law libraries
within a reasonable distance to allow the research necessary to prepare the
brief. The service has now been restored.
Appellant seeks this extension of time to be able to prepare a cogent and succinct
brief to aid this Court in its analysis of the issues presented. This request is not sought
for delay but so that justice may be done.
Appellant’s First Motion for Extension of Time to File Brief Page 3 of 5
The undersigned has attempted to confer with opposing counsel, and he has not
responded. It is therefore presumed that he does oppose this motion.
All facts recited in this motion are within the personal knowledge of the Appellant
signing this motion, therefore, no verification is necessary under Rule of Appellate
Procedure 10.2.
PRAYER FOR RELIEF
For the reasons set forth above, Appellant requests that this Court grant this First
Motion to Extend Time to File Appellant’s Brief and extend the Deadline for Filing the
Appellant’s Brief up to and including June 8, 2015. Appellant requests all other relief to
which it may be entitled.
Respectfully submitted,
____________________________________
Tedde R. Blunck
502 Quitman Street
P O Box 1152
Pittsburg, Texas 75686
Telephone: (903) 855-8460
Telecopier: (903) 855-8465
E-mail: tblunck@yahoo.com
Pro Se
Appellant’s First Motion for Extension of Time to File Brief Page 4 of 5
CERTIFICATE OF CONFERENCE
Pursuant to Tex. R. App. P. 10.1(5), I certify that I conferred with counsel for
Appellee regarding this motion and that Appellee is opposed to this motion.
Tedde R. Blunck
CERTIFICATE OF SERVICE
Pursuant to Tex. R. App. P. 9.5, I certify that on May 6, 2015 I served a copy of
this motion by e-service to the following counsel:
Mr. Karl E. Hays
State Bar No. 09307050
Law Office of Karl E. Hays, PLLC
2101 South Highway 35, Suite 210
Austin, Texas 78741
Telephone: (512) 476-1911
Telecopier: (512) 476-1904
E-mail: service@haysfamilylaw.com
Counsel for Appellee
Tedde R. Blunck
Appellant’s First Motion for Extension of Time to File Brief Page 5 of 5