ACCEPTED
03-14-00479-CV
4087346
THIRD COURT OF APPEALS
AUSTIN, TEXAS
2/10/2015 11:04:54 AM
JEFFREY D. KYLE
CLERK
IN THE COURT OF APPEALS FOR THE
THIRD JUDICAL DISTRICT
AUSTIN, TEXAS FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
2/10/2015 11:04:54 AM
KIM BLACKSTON CLOGSTON § JEFFREY D. KYLE
§ Clerk
§
V. § Case No. 03-14-00479-CV
§
CURTIS P. CLOGSTON §
§
MOTION TO EXTEND TIME TO FILE
APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes Kim Blackston Clogston, Appellant in the above styled and
numbered cause, and moves this Court to grant an extension of time to file
appellant's brief, pursuant to Rule 38.6 of the Texas Rules of Appellate Procedure
and Rule 10.5 (b) of the Texas Rules of Appellate Procedure on Motions to Extend
Time, and for good cause shows the following:
1. This case is on appeal from the 421st Judicial District Court of
CALDWELL County, Texas.
2. The case below was styled the KIM BLACKSTON CLOGSTON V
CURTIS P. CLOGSTON, and numbered 05 D 540.
3. Appellee is Curtis P. Clogston.
4. Notice of appeal was given on OCTOBER 1, 2014.
5. Appellant requests an extension of time of 30 days from the present
date, i.e. February 9, 2015.
6. No extension to file the brief has been received in this cause.
Appellant counsel presents this motion because of 1) events that prevented
him from filing the Appellant’s brief by December 19, 2014, which include not
receiving proper electronic notice of the deadline to file the Appellant’s Brief.
Appellant’s counsel is researching this error to ensure he receives all future
correspondence. 2) Appellant’s attorney and the associate for Appellant’s
attorney who is assisting with the brief, has been in and out of the hospital due to
ongoing medical issues associated to her high-risk pregnancy. 3) The clerk’s
record and reporter’s record were requested timely but only recently received the
records on Friday, February 6, 2015 due to a delay unknown to our office.
Appellant represents that he has exercised diligence and will file the
Appellant’s Brief within the time requested.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this
Court enter an order extending the due date for filing the Appellant’s Brief to
March 9, 2015.
Respectfully submitted,
Sergi and Associates P.C.
By: /s/ David Sergi
David K. Sergi
State Bar No. 18036000
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329 South Guadalupe Street
San Marcos, Texas 78666
Tel: 512 392 5010
Fax: 512 392 5042
E-Mail: david@sergilaw.com
ATTORNEY FOR
KIM BLACKSTON CLOGSTON
CERTIFICATE OF CONFERENCE
As required by Texas Rule of Appellate Procedure 10.5(b) I certify that my
staff has conferred with Henry Newton Bell, III, counsel for Appellee and have
been informed that Appellee does oppose our Motion to Extend Time to File
Appellant’s Brief.
/s/ David Sergi
David K. Sergi
CERTIFICATE OF SERVICE
This is to certify that on February 10, 2015, a true and correct copy of the
above and foregoing document was served on the following:
VIA FACSIMILE (512) 458-2354
Mr. Henry Newton Bell, III
6000 N. Lamar Blvd., Ste. 210
Austin, Texas 78752
/s/ David Sergi
David K. Sergi
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