ACCEPTED
04-15-00338-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
10/28/2015 12:03:08 AM
KEITH HOTTLE
CLERK
IN THE FOURTH COURT OF APPEALS FOR THE STATE OF TEXAS
FILED IN
4th COURT OF APPEALS
SAN ANTONIO, TEXAS
NO. 04-15-00338-CV
10/28/2015 12:03:08 AM
KEITH E. HOTTLE
Clerk
ARTHUR BUTCHER,
Appellant,
V.
CITY OF SANANTONIO,
THROUGH ITS AGENT,
CITY PUBLIC SERVICE
BOARD OF SAN ANTONIO,
d/b/a CPS ENERGY,
Appellee.
_________________________________________
APPELLANT’S MOTION FOR EXTENSION
OF TIME TO FILE AMENDED BRIEF
_________________________________________
SAMUEL C. BEALE
STATE BAR No.01952380
5821 SOUTHWEST FREEWAY
HOUSTON, TEXAS 77057
TEL 281.664.6400
FAX 281.664.6423
ATTORNEY FOR APPELLANT
ARTHUR BUTCHER
i
APPELLANT’S MOTION FOR EXTENSION OF TIME TO FILE
AMENDED BRIEF
COMES NOW, ARTHUR BUTCHER, Appellant, in the above entitled and
numbered case and files this request for an extension of time to file his Amended
Appeal Brief the Court ordered to be filed not later than October 26, 2015 which
order was made on October 16, 2015. And, Appellant would respectfully show the
Court as follows:
1. From October 6, 2015 through October 21, 2015 Plaintiff’s counsel did not
have access to his Houston, Texas office and Appellant’s files due to out of town
and out of state court appearances and client transactional matter as well as a
temporary office lockout.
2. On October 13, 2015, Appellant’s counsel file an appeal brief using the
client case draft brief and partial client records available to Appellant’s counsel on
electronic medium.
3. After regaining access to Appellant’s full file, including the record in the
case below, on Sunday, October 25, 2015, Appellant’s counsel completed the
ordered corrections and updates to Appellant’s Amended Brief but not before
Appellant’s Counsel had to catch the last airplane from Houston, Texas to
i
Lubbock, Texas to travel to Plains, Texas to begin a Monday morning felony
criminal trial in Cause No. 3008 in Yoakum County, Texas.
4. While in Plains, Texas, Plaintiff’s counsel had little to no internet or
telephone access until the completion of the trial on today, October 27, 2015.
Plaintiff’s counsel is presently near Lubbock, Texas and seeking to return to his
office in Houston, Texas at this time.
5. Plaintiff’s Counsel, contemporaneously with the filing of this motion, files
the conforming Appellant’s Brief.
6. Appellant respectfully requests that the Court grant a one day extension of
time to file the conforming brief because of the extenuating circumstances
preventing this Counsel from filing the brief prior to today, October 27, 2015.,
Respectfully Submitted,
/S/ Samuel C. Beale
SAMUEL C. BEALE
STATE BAR No.01952380
5821 SOUTHWEST FREEWAY, # 416
HOUSTON, TEXAS 77057
TEL 281.664.6400
FAX 281.664.6423
ATTORNEY FOR ARTHUR BUTCHER
APPELLANT
i
CERIFICATE OF SERVICE
On October 27, 2015 pursuant to Rule 6.3 of the Texas Rules of Appellate
Procedure, a copy of the Appellants Brief was served on Appellee by efiling and a
copy was served by facsimile transmission:
CHRISTINE E. REINHARD
STATE BAR No. 24013389
SCHMOYER & REINHARD
17806 INTERSTATE 10
SAN ANTONIO, TEXAS 78257
/S/ Samuel C. Beale
SAMUEL C. BEALE
i