ACCEPTED
04-15-00605-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
9/28/2015 4:23:11 PM
04-15-00605-CV KEITH HOTTLE
CLERK
No. 2015-CI-10992
No. 4-15-_______________-CV FILED IN
4th COURT OF APPEALS
SAN ANTONIO, TEXAS
09/28/2015 4:23:11 PM
IN THE KEITH E. HOTTLE
Clerk
COURT OF APPEALS
FOR THE
FOURTH COURT OF APPEALS DISTRICT OF TEXAS
SAN ANTONIO, TEXAS
______________________________________
GEORGE B. DOMBART,
Appellant
v.
MARCI MADLA and BRANDON BRIGANCE,
Appellees
______________________________________
APPELLANT’S MOTION FOR EXTENSION OF TIME
TO FILE NOTICE OF ACCELERATED APPEAL
______________________________________
TO THE HONORABLE COURT OF APPEALS:
Now Comes GEORGE B. DOMBART, Appellant in the above-styled and numbered
cause, filing this his Motion for Extension of Time to Notice of Accelerated Appeal, pursuant
to Rules 10.5(b) and 26.3, TEXAS RULES OF APPELLATE PROCEDURE , and as cause for same,
would respectfully show the Court the following:
I.
On September 1, 2015, the 73 rd Judicial District Court of Bexar County, Texas, signed
an appealable order in Cause No. 2015-CI-10992, styled Marci Madla and Brandon Brigance,
Plaintiffs, v. George B. Dombart, Defendant.
II.
Appellant’s Notice of Accelerated Appeal was originally due to be filed in the trial court
on September 21, 2015.
III.
Appellant filed in the trial court his Notice of Accelerated Appeal on September 28, 2015,
which was within 15 days of the date the Notice was originally due to be filed. A copy of that
Notice is attached to this motion.
IV.
The Notice of Accelerated Appeal was not timely filed because of Defendant’s counsel
being out of his office for an extensive period of time due to a death in his family and a mistaken
belief that the time for filing an appeal to the trial court’s Order was thirty days instead of twenty
days. Appellant’s failure to timely file the Notice of Accelerated Appeal was not deliberate or
intentional, but was the result of inadvertence, mistake, or mischance.
AP PE LL AN T’S M O TIO N F O R E XTE N SIO N O F TIM E T O F IL E N O TIC E O F AC C E LE R ATE D A PP E AL P AG E 2
V.
As shown by the attached certificate of conference, Appellant’s attorney conferred with
counsel for Appellees, and Appellees do not agree with this motion to extend time.
WHEREFORE, PREMISES CONSIDERED, Appellant respectfully prays that this
Court grant him an extension of time to file his Notice of Accelerated Appeal under Rule 26.3,
T EXAS R ULES OF A PPELLATE P ROCEDURE. Appellant additionally prays for any other and
further relief to which he may be entitled.
Respectfully submitted,
GOLDEN LAW, P.C.
Pacific Plaza, Suite 611
14100 San Pedro Avenue
San Antonio, TX 78232-4363
(210) 495-0900
(210) 495-0997 (fax)
golden@goldenlaw.net
/S/
By: _________________________________
Robert E. Golden
Texas Bar No. 08085560
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF CONFERENCE
I hereby certify that the undersigned, as attorney for Appellant, conferred with counsel
for Appellees, and Appellees oppose this motion to extend time.
/S/
_________________________________
Robert E. Golden
AP PE LL AN T’S M O TIO N F O R E XTE N SIO N O F TIM E T O F IL E N O TIC E O F AC C E LE R ATE D A PP E AL P AG E 3
EXHIBIT A
No. 2015-CI-10992
MARCI MADLA and BRANDON § IN THE DISTRICT COURT
BRIGANCE, §
Plaintiffs §
§
v. § 407th JUDICIAL DISTRICT
§
GEORGE B. DOMBART, §
Defendant § BEXAR COUNTY, TEXAS
DEFENDANT’S NOTICE OF ACCELERATED APPEAL
TO THE CLERK OF THE COURT:
Now Comes GEORGE B. DOMBART, Defendant in the above-styled and numbered
cause, gives notice of his intent to appeal the trial court’s order rendered on September 1, 2015
by accelerated appeal. This accelerated appeal is taken to the Fourth Court of Appeals in San
Antonio, Texas, filing this his Notice of Appeal herein and, in accordance with Rules 25, 26,
and 28, TEXAS RULES OF APPELLATE PROCEDURE , would respectfully show the following:
1. The trial court that signed the Temporary Restraining Order and Injunction was
the 73rd Judicial District Court of Bexar County, Texas.
2. The Temporary Restraining Order and Injunction was signed on September 1,
2015.
3. Plaintiff desires to appeal this Temporary Injunction Order of the Court.
4. This appeal is taken to the Fourth Court of Appeals in San Antonio, Texas.
5. The party filing this notice is GEORGE B. DOMBART, Defendant herein.
FILED this 28th day of September, 2015.
P LAIN TIF F’S N O TIC E O F AP PE AL P AG E 1
Respectfully submitted,
GOLDEN LAW, P.C.
Pacific Plaza, Suite 611
14100 San Pedro Avenue
San Antonio, TX 78232-4363
(210) 495-0900
(210) 495-0997 (fax)
/S/
By: _________________________________
Robert E. Golden
Texas Bar No. 08085560
ATTORNEY FOR DEFENDANT
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was delivered
by first class United States mail, facsimile transmission and/or electronic transmission to
Rashin Mazaheri, 111 Soledad, Suite 110, San Antonio, Texas 78205 on the 28th day of
September, 2015.
/S/
________________________________
Robert E. Golden
P LAIN TIF F’S N O TIC E O F AP PE AL P AG E 2