ACCEPTED
03-14-00810-CV
6325891
THIRD COURT OF APPEALS
AUSTIN, TEXAS
8/3/2015 11:16:56 AM
JEFFREY D. KYLE
CLERK
No. 03-14-00810-CV
FILED IN
In the Third Court of Appeals 3rd COURT OF APPEALS
For the State of Texas AUSTIN, TEXAS
Austin, Texas 8/3/2015 11:16:56 AM
JEFFREY D. KYLE
Clerk
STEPHEN D. FOX,
AS NEXT FRIEND OF
C.F. and M.F.
Appellant
V.
MIRNA AZUCENA ALBERTO PEREZ
Appellee
Appeal from the 207th Judicial District Court of Comal County, Texas
Cause No. C2014-1631B
Honorable Dip Waldrip, Presiding
APPELLANTS’
THIRD MOTION FOR EXTENSION OF TIME
TO FILE APPELLANT’S BRIEF
Respectfully submitted,
/s/ Stephen D. Fox
_____________________________
STEPHEN D. FOX
TBN 07337250
P.O. Box 312104
New Braunfels, Texas 78131
(832) 245-2665
E Mail – Fox.Stephen2011@gmail.com
ATTORNEY FOR APPELLANTS
Motion for Extension of Time/File Brief/ 1
TO THE HONORABLE COURT OF APPEALS:
COMES NOW, Appellants, STEPHEN D. FOX, as Next Friend of C.F. and M.F.,
and move the Court to grant a Third Motion for Extension of Time to File Appellants’
Brief herein, and in support thereof would show the Court the following:
1. Attorney, STEPHEN D. FOX, had been working diligently on researching the
law and writing a Petition for a Writ of Certiorari to the Louisiana Supreme
Court as well as a Petition for Discretionary Review to the Texas Supreme
Court, both of which documents have been filed with the respective courts.
Also, STEPHEN D. FOX, has been suffering from a debilitating illness that
has kept him from working on Appellants’ Brief herein..
2. Good cause exists for the granting of an Extension of Time to File Appellants’
Brief herein. Appellants’ Attorney of Record, STEPHEN D. FOX, has been
very ill during June and July, 2015, that has prevented him from researching
the law and drafting Appellant’s Brief herein, as well as the work that
STEPHEN D. FOX has been required to do in researching the law and writing
a Petition for a Writ of Certiorari to the Louisiana Supreme Court as well as a
Petition for Discretionary Review to the Texas Supreme Court..
3. This Motion of not brought for purposes of delay, but that justice might be
done.
4. For the good cause as shown above, Attorney, STEPHEN D. FOX, requires at
least an additional two (2) weeks in which to file Appellants’ Brief.
Motion for Extension of Time/File Brief/ 2
WHEREFORE, PREMISES CONSIDERED, Appellants pray that the Court grant
Appellants’ Motion for Extension of Time to File Appellants’ Brief herein, and for such
other and further relief, both general and special, legal and equitable, to which Attorney,
STEPHEN D. FOX, may show himself to be justly entitled.
Respectfully submitted,
/s/ Stephen D. Fox
_____________________________
STEPHEN D. FOX
TBN 07337250
P.O. Box 312104
New Braunfels, Texas 78131
(832) 245-2665
E Mail – Fox.Stephen2011@gmail.com
ATTORNEY FOR APPELLANTS
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was served
upon all parties entitled to notice per the Texas Rules of Civil Procedure on this the 3rd
day of August, 2015. /s/ Stephen D. Fox
__________________________________
STEPHEN D. FOX
CERTIFICATE OF CONFERENCE
I do hereby certify that a reasonable effort has been made to resolve the dispute
without the necessity of intervention and that effort has failed.
/s/ Stephen D. Fox
______________________________
STEPHEN D. FOX
Motion for Extension of Time/File Brief/ 3
AFFIDAVIT
STATE OF TEXAS §
§
COUNTY OF BEXAR §
BEFORE ME, the undersigned authority, on this day personally appeared
STEPHEN D. FOX, who, being by me duly sworn upon his oath did depose and say:
“My name is STEPHEN D. FOX, I am over the age of eighteen (18) years,
competent to testify, I have personal knowledge of the facts stated herein, and all facts
stated herein are true and correct.
I have drafted and read the foregoing Motion for Extension of Time to File
Appellants’ Brief and all facts stated therein are true and correct. This Motion is not
brought for purposes of delay, but that justice might be done.”
Further Affiant Sayeth Naught:
/s/ Stephen D. Fox
______________________________
STEPHEN D. FOX
SWORN TO AND SUBSCRIBED BEFORE ME, the undersigned authority, on
this the 3rd day of August, 2015.
______________________________
Notary Public/State of Texas
My Commission Expires:
Motion for Extension of Time/File Brief/ 4