ACCEPTED
03-13-00311-CV
4461392
THIRD COURT OF APPEALS
AUSTIN, TEXAS
3/11/2015 3:21:34 PM
JEFFREY D. KYLE
CLERK
NO. 03-13-00311-CV
LUCY GUTIERREZ § COURT OFINAPPEALS
FILED
3rd COURT OF APPEALS
§ AUSTIN, TEXAS
§ 3/11/2015 3:21:34 PM
vs. § JEFFREY D. KYLE
§ Clerk
PORTFOLIO RECOVERY §
ASSOCIATES § THIRD DISTRICT OF TEXAS
APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME TO FILE
MOTION FOR REHEARING AND/OR
MOTION FOR EN BANC RECONSIDERATION
TO THE HONORABLE JUSTICES OF SAID COURT:
Appellant, LUCY GUTIERREZ, requests that this honorable court
extend the time to file appellant’s brief motion for rehearing and/or motion
for en banc reconsideration.
1. Appellant is Lucy Gutierrez; appellee is Portfolio Recovery
Associates.
2. This motion is filed within the 15-day period to file a motion to
extend the time to file appellant’s motion for rehearing as required by Rule
49.8 and Rule 10.5(b)(1) of the Texas Rules of Appellate Procedure.
3. The Court may grant an extension of time under Texas Rule of
Appellate Procedure 49.8.
4. The deadline to file appellant’s motion for rehearing and/or motion for
en banc reconsideration is March 13, 2015.
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5. Appellant requests an additional sixty (60) days to file appellant’s
motion for rehearing and/or motion for en banc reconsideration extending
the time until May 12, 2015. The undersigned has attempted to confer with
opposing counsel regarding this motion, but has been unsuccessful.
6. Appellant has not requested any prior extensions of time to file
motion for rehearing and/or motion for en banc reconsideration.
7. Appellant needs additional time to file appellant’s brief because
appellant’s counsel, the undersigned, works sixty (60) hours per week in
private employment. In addition, the undersigned has been involved in
substantial litigation in district court in Bexar County, Texas, other appellate
work to be filed in the San Antonio Court of Appeals, and has a preplanned
vacation from March 13, 2015, to March 22, 2015. In addition, appellant’s
counsel has had insufficient time to determine whether to file a motion for
rehearing or a motion for en banc consideration or both.
8. Appellant, therefore, requests an extension of sixty (60) days to file
appellant’s motion for rehearing and/or motion for en banc reconsieration.
9. For the foregoing reasons, appellant asks the Court to grant an
extension of time to file appellant’s motion for rehearing and/or motion for
en banc reconsideration until May 12, 2015.
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Dated this 11th day of March, 2015.
Respectfully submitted,
RONALD S. GUTIERREZ, LAWYER
Las Colinas Station
P. O. Box 143243
Irving Texas 75014-3243
Office: (512) 222-3488
Facsimile: (512) 233-2786
Email: rsg.lawyer@gmail.com
By: /s/ Ronald S. Gutierrez
Ronald S. Gutierrez
State Bar No. 08644410
ATTORNEY FOR APPELLANT
Certificate of Conference
I hereby certify that I have attempted to confer with Anh H. Regent by
letter faxed on March 6, 2015, regarding this motion and said counsel has
not responded.
/s/ Ronald S. Gutierrez
Ronald S. Gutierrez
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Certificate of Service
I hereby certify that a true and correct copy of the foregoing
instrument was delivered via facsimile at (713) 490-7075, to Mr. Anh H.
Regent, REGENT & ASSOCIATES, 2650 Fountain View, Suite 233,
Houston, Texas 77057, Attorney for Plaintiff on March 11, 2015.
/s/ Ronald S. Gutierrez
Ronald S. Gutierrez
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Lucy Gutierrez v. Portfolio Recovery Associates, LLC
Combined Opinion