Tedde R. Blunck v. Cathy A. Blunck

ACCEPTED
03-15-00128-CV
6865755
THIRD COURT OF APPEALS
AUSTIN, TEXAS
9/10/2015 12:45:08 PM
JEFFREY D. KYLE
CLERK
CAUSE NUMBER 03-15-00128-CV

FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
IN THE COURT OF APPEALS
9/10/2015 12:45:08 PM
FOR THE THIRD COURT OF APPEALS DISTRICTJEFFREY D. KYLE
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 REPLY 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 Reply 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 Reply Brief. This motion is not

opposed by Appellee.

Appellant’s Reply Brief is currently due on September 17, 2015.

Appellant requests a 15-day extension of time to file its reply brief, making the

brief due on October 2, 2015. This is the first request for extension of time to file the

reply 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 was out of the state assisting his 90 year old mother move from
Iowa to Arizona and away from his office at the time the Appellee’s Brief
was filed. The Appellee’s Brief was initially rejected by the Court. The
Appellee’s Brief was resubmitted the same day. The Appellant did not
receive notice from the Court that the Appellee’s Brief had been accepted.
Appellant returned to his office Wednesday September 9, and logged on the
Court’s website and learned that the Appellee’s Brief had been accepted by
the Court on August 28, the same day it was resubmitted. The date the
Reply Brief is now due is September 17. One week is not sufficient for the
Appellant to prepare a cogent and succinct reply brief.

Appellant seeks this extension of time to be able to prepare a cogent and succinct

reply 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.

The undersigned has conferred with opposing counsel, and he is not opposed to

the requested extension.

Appellant’s First Motion for Extension of Time to File Reply Brief Page 3 of 5
 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 Reply Brief and extend the Deadline for

Filing the Appellant’s Reply Brief to October 2, 2015. Appellant requests all other relief

to which he 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 Reply 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 not opposed to this motion.

Tedde R. Blunck

CERTIFICATE OF SERVICE

Pursuant to Tex. R. App. P. 9.5, I certify that on September 10, 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 Reply Brief Page 5 of 5