ACCEPTED
01-14-0799-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
2/11/2015 4:09:14 PM
CHRISTOPHER PRINE
CLERK
NO. 01-14-00799CV
FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
IN THE COURT OF APPEALS 2/11/2015 4:09:14 PM
CHRISTOPHER A. PRINE
Clerk
FOR THE FIRST DISTRICT OF TEXAS
HOUSTON, TEXAS
BARBARA SCHLEIN,
Appellant-Cross-Appellee,
V.
ANTHONY P. GRIFFIN,
Appellee/Cross-
Appellant.
Appeal from the County Court at Law, No. 2
Galveston County, Texas
Trial Court Cause No. CV0069481
APPELLEE/CROSS-APPELLANT’S, ANTHONY P. GRIFFIN,
UNOPPOSED MOTION TO FILE BRIEF OUT-OF-TIME
TO THE HONORABLE JUSTICES FOR THE FIRST COURT OF
APPEALS:
Appellee/Cross-Appellant, Anthony P. Griffin, submits this his brief
on cross-appeal (filed with this motion), and request the Court to allow the
brief to be filed out-of-time. Appellee/Cross-Appellant would show unto the
Court as follows:
1. The brief in this matter is past due. The due date on the filing of
1
Appellant’s brief was January 23, 2015; in that Appellee has filed a
cross-appeal and stands, in part, before this Court as a Cross-
Appellant, his initial brief is also was due on said date.
2. The parties have filed two previous motions to extend, Cross-
Appellant needs a few additional days to complete the briefing
(extensive record below). Cross-Appellant intended to file a third
mutual motion, prepared the same and mistakenly the motion was
not filed. All previous motions have been mutually agreed by the
parties. The intended motion was intended to be filed on Friday,
this past week, but was not filed until Monday, February 10, 2015.
In that the briefing date has past, Appellee/Cross-Appellant seeks
an extension to file until February 11, 2015.
3. The extensions have been sought because of the extensive nature
of the trial record below (some 19 volumes of the Court Reporter’s
Records) and the need to assure typographical errors were caught.
4. In consultation with opposing counsel, counsel stated opposition to
this motion. Consultation took place on February 11, 2015.
5. It is prayed this motion be granted in all parts and the brief ordered
filed.
2
DATE: February 11, 2015.
Respectfully submitted,
Toll Free: 888-388-TODD (8633) 1-6/s/ NORMA VENSO
______________________________
NORMA VENSO
ATTORNEY AT LAW
ATTORNEY/MEDIATOR
830 APOLLO
HOUSTON, TEXAS 77058
409.789.8661
FACSIMILE NO. 281.286.9990
STATE BAR NO. 20545250
ATTORNEYS FOR APPELLEE/
CROSS-APPELLANT
ANTHONY P. GRIFFIN
3
CERTIFICATE OF SERVICE
This is to certify that on this the 11th day of February, 2015, a true and
correct copy of the foregoing Appellee/Cross-Appellant’s Motion to File
Brief Out-of-Time was forwarded to opposing counsel by facsimile
transmission and regular mail (confirmation copy), to-wit:
STEPHEN H. CAGLE, JR.
JOE E. LUCE
GARY M. JEWELL
CHRISTIAN, SMITH & JEWELL, L.L.P.
2302 FANNIN, SUITE 500
HOUSTON, TEXAS 77002
/s/ NORMA VENSO
_____________________________
NORMA VENSO
c:word.griffin_anthony_[schlein_barbaral]_[appeal_folder]_appellee_motion_file_out_time
4