ACCEPTED
03-14-00795-CV
5565638
THIRD COURT OF APPEALS
AUSTIN, TEXAS
6/5/2015 2:14:23 PM
JEFFREY D. KYLE
CLERK
No. 03-14-00795-CV
Jennifer Samaniego, FILED IN
3rd COURT OF APPEALS
Appellant, AUSTIN, TEXAS
Third Court of Appeals
v. 6/5/2015 2:14:23 PM
Austin, Texas
JEFFREY D. KYLE
Alieda Silguero, et al., Clerk
Appellees.
Samaniego’s Motion for Relief from Technical Failure
or, in the Alternative, for Extension
The Adobe Acrobat software of appellant Jennifer Samaniego’s
counsel crashed as he was trying to finish preparing her brief. He had to
restart his computer to get Acrobat to restart properly. He had to re-
cover the Word version of his brief from his computers catalog of re-
covered files, recover the last-saved version of the brief from Dropbox,
and run a blackline comparison of the two to ensure that he had not lost
parts of the brief in the crash. And, finally, he had to convert the brief
to PDF, attach its appendix, and upload it to the electronic-filing service
provider, after which he filed it with the Court.
By then, it was not quite 12:20 a.m. on May 12. But the brief was due
on May 11, and the Court rejected the filing. Samaniego prays that the
Court relieve this technical failure 1 by accepting her re-submitted brief
and considering it to have been accepted timely. 2 In the alternative, Sa-
1
Tex. R. App. P. 9.2(C)(5).
2
The clerk pointed out that part of the brief was missing page numbers. The re-
submitted brief includes them.
maniego prays that the court grant her a final extension so that the cor-
rected brief is considered timely filed. 3 If the Court reaches it, this al-
ternative request would be Samaniego’s third, the previous two being
granted for, respectively, unfamiliarity with the Court’s procedures and
illness. Neither the relief nor the extension would prejudice Silguero,
for whom summary judgment has been granted and who receives noth-
ing but extra time to consider Samaniego’s arguments.
Samaniego prays that the Court except for corrected brief and con-
siderate to have been timely filed. She further prays for all other relief
to which she may be entitled.
Respectfully submitted,
The Olson Firm PLLC
/s/ Leif A. Olson
Leif A. Olson
leif@olsonappeals.com
State Bar No. 24032801
PMB 188
4830 Wilson Road, Suite 300
Humble, Texas 77396
(281) 849-8382
Counsel for Samaniego
Certificate of Conference
On June 5, 2015, Nadia Ramkissoon, counsel for the appellees, in-
formed me that she opposes the relief sought.
3
Tex. R. App. P. 10.5.
Case 03-14-00795-CV, Samaniego v. Silguero Page 2 of 3
Samaniego’s Motion for Relief or Extension
/s/ Leif A. Olson
Certificate of Service
On June 5, 2015, I served this Samaniego’s Motion for Relief from
Technical Failure or, in the Alternative, for Extension by electronic service
upon:
Nadia Ramkissoon
nadia.ramkissoon@farmersinsurance.com
Clark, Price & Trevino
1701 Directors Blvd., Suite 920
Austin, Texas 78744
Counsel for Appellees
/s/ Leif A. Olson
Case 03-14-00795-CV, Samaniego v. Silguero Page 3 of 3
Samaniego’s Motion for Relief or Extension