ACCEPTED
2013-509,724
SEVENTH COURT OF APPEALS
AMARILLO, TEXAS
3/5/2015 3:03:38 PM
Vivian Long, Clerk
NO. 07-15-00001-CV
IN THE COURT OF APPEALS FILED IN
FOR THE SEVENTH SUPREME JUDICIAL DISTRICT
7th COURT OF APPEALS
AT AMARILLO, TEXAS AMARILLO, TEXAS
3/5/2015 3:03:38 PM
BRENTLEY WAYNE HRNCIRIK § VIVIAN LONG
CLERK
§
Appellant §
§
v § TRIAL COURT NO. 2013-509,724
§
§
§
BOBBYE GAIL HRNCIRIK §
§
Appellee §
MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF
TO THE HONORABLE COURT OF APPEALS:
COMES NOW, BRENTLEY WAYNE HRNCII{IK, appellant, and files this
Motion for Extension of Time to file Appellant’s Brief, pursuant to TRAP 38.6(d) and
would show the court as follows:
I
The deadline for filing Appellant’s Brief is March 9, 2015.
II.
No previous extension have been granted. Appellant’s attorney would request a
30 day extension to April 9, 2015. The reason Appellant needs an extension is due to the
fact that on February 23, 2015, Appellant’s attorney was notified he was set number one
for jury trial in Cause No. 2015-405,167, styled the State of Texas v. Valentino Casares,
in the ]40uhj District Court of Lubbock County, Texas, this is a re-indictment of Cause No.
2014-401,509, which had previously been set for jury trial November 3, 2014. Due to
preparation for this jury trial a necessity exists for an extension to file Appellant’s Brief.
ifi.
Appellant’s attorney is a sole- practitioner and has been diligent in his efforts to
appropriately research and prepare Appellant’s Brief.
IV.
Appellant would show the Court that the actions taken by his attorney are taken
in a good faith effort to promptly pursue appellant’s appeal and not for purposes of delay,
and the appellee would not be harmed or prejudiced by the granting of this Motion for
Extension of Time to File Appellant’s Brief.
WHEREFORE, PREMISES CONSIDERED, appellant prays that the Court grant
Appellant’s Motion for Extension of Time to File Appellant’s Brief.
Respectfully submitted,
LAW OFFICE OF DAVID MARTINEZ
1663 Broadway
Lubbock, TX 79401
Telephone (806) 744-1692
Telecopier (806) 744-5660
dmtzlaw@aol.com
By: /WVcwtd’Mcurttne-3’
David Martinez
State Bar No. 13141650
Attorney for Appellant
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and foregoing Motion
for Extension of Time to file Appellant’s Brief was emailed to Ms. Bobbye Gail Hrncirik
at Bobbye.hrncirik@umchealthsystem.com
/s/Vwtd’Alailtnq’
David Martinez
CERTIFICATE OF CONFERENCE
This is to certify that on this 5th day of March, 2015 I tried contacting Ms.
Hrncirik and she was not available, a voice mail message was left to Ms. Hrncirik
regarding any objection to our filing of our motion for extension.
/s/DcwCdi Mcwttna
David Martinez
CERTIFICATE OF COMPLIANCE
Pursuant to TRAP 9.4 (i) (3), undersigned Counsel certifies that this Motion for
Extension of Time to File Motion Appellant’s Brief was prepared with Microsoft Office
2010, and that according to the program’s word- count, the sections covered by TRAP
9.1 (i) (3) contains 468 words.
,YVcwCd’ Ma-rttnez
David Martinez
Brentley Wayne Hrncirik v. Bobbye Gail Hrncirik
Combined Opinion