ACCEPTED
01-15-00224-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
11/9/2015 12:00:00 AM
CHRISTOPHER PRINE
CLERK
Appellant’s Motion To Extend Time To File Brief
FILED IN -
1st COURT OF--APPEALS
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Appeal No. 01-15-00224-CV HOUSTON, --- TEXAS
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11/8/2015
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CHRISTOPHER -- A. PRINE
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----Clerk
In the Court of Appeals
First District at Houston Texas
FILED IN
Houston, Texas 1st COURT OF APPEALS
HOUSTON, TEXAS
__________________________________ 11/9/2015 10:15:00 AM
CHRISTOPHER A. PRINE
Clerk
Todd David Rogers
V.
Gina Marie Rogers
_________________________________
Trial Court Case No. 12-DCV-199022
434th District Court, Ft Bend County, Texas
The Honorable James Shoemake
Appellant
Walter P. Mahoney, Jr.
Attorney for Appellant
State Bar No.: 12844600
3668 Burke
Pasadena, Texas 77504
(281) 998-9450
(281) 998-9430
Identity of Parties and Counsel
The following is a list of all parties and all counsel in this matter:
Appellant: Todd David Rogers
Trial Court Attorney for Appellant:
Walter P. Mahoney Jr.
3668 Burke
Pasadena, Texas 77504
Phone 281-998-9450
Fax 281-998-9430
SBN 12844600
Appellee: Gina Marie Rogers
Trial Court attorney for Appellee:
Marlene Zinsmeister
106 Guenther Street
Sugarland, Texas 77478
Trial Court Judge:
The Honorable James Shoemake, Presiding Judge 434th Judicial District Court
1422 Eugene Heimann Circle ,Richmond, Texas
2
To The Honorable Justices of This Court:
Comes now, Todd David Rogers, the Appellant, and files this his request to extend
time to file Appellant’s Brief and in support of such request would show unto this
Honorable Court as follows:
I
This is Appellant’s initial request for an extension of time to file his brief. On the 13th
day of October this Court issued a directive to the Appellant that his brief was due on the
12th day of November 2015. This Order was issued shortly after the clerk’s record was
supplemented by the Ft Bend County District Clerk with a copy of the final Judgement that
forms the basis for this appeal. Since that time Appellant has filed a timely Motion for New
Trial within the Trial Court and that Motion is set to be heard in the 434th Judicial District
Court on the 25th day of November, 2015. The ruling on the Motion may well enter into the
development of the issues that will be presented on the appeal. The Appellant believes that
justice will best be served if the issues are fully developed and presented to this Court. The
requested delay is not the result of conscious indifference but because of the need for
additional information .
Prayer
Wherefore Premises Considered the Appellant prays that this Honorable Court extend the
time for Appellant to file his brief until after the ruling of the trial court on the Motion for
New Trial.
Respectfully submitted,
/s/ Walter P. Mahoney Jr. _______
Walter P. Mahoney, Jr.
Attorney for Appellant
State Bar No.12844600
3668 Burke
Pasadena, Texas 77504
(281) 998-9450
(281) 998-9430
Attorney for Appellant
Certificate of Service
I certify that a true copy of this Response was served in accordance with
rule 9.5 of the Texas Rules of Appellate Procedure on each party or that party’s counsel
as follows:
Gina Marie Rogers, Appellee
Trial Court attorney for Appellee
Marlene Zinsmeister
106 Guenther Street
Sugarland, Texas 77478
Method of service: Electronic Service
Date of Service: 11-8-2015
4
/s/ Walter P. Mahoney Jr ___________
Walter P. Mahoney, Jr.
Attorney for Appellant
Word Count
I Walter P. Mahoney Jr. do hereby Certify that the word count for this document is
587 words.
/s/ Walter P. Mahoney___
Walter P. Mahoney Jr.
CERTIFICATE OF CONFERENCE
I, Walter P. Mahoney Jr., do hereby certify that I have spoken with the Trial Counsel
regarding this proceeding and she has assured me she will not be involved in the Appellate
Process. I have no other means to confer with the litigant.
Signed this 8th day of November, 2015.
/s/ Walter P. Mahoney Jr ____
Walter P. Mahoney Jr.