ACCEPTED
12-15-00120-CV
TWELFTH COURT OF APPEALS
TYLER, TEXAS
10/5/2015 7:01:22 PM
Pam Estes
CLERK
NO. 12-15-001220-CV
James D. Branch § In the Court of Appeals
FILED IN
§ 12th COURT OF APPEALS
TYLER, TEXAS
vs. § 12th Court of Appeals
10/5/2015 7:01:22 PM
§ PAM ESTES
Elizabeth Marlene Branch § Tyler, Texas Clerk
MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE JUSTICES OF SAID COURT:
Now comes James D. Branch~ III 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 for good cause shows the following:
1. This case is on appeal from the County Court at Lawl of Anderson
County~ Texas.
2. The case below was styled James D. Branch, II. V. Elizabeth
Marlene Branch and numbered 11821.
3. A Judgement was granted against Appellant.
4. Notice of appeal was given timely.
5. The clerk's record has been previously filed; the reporter's record
was filed on September 81 2015.
7. The appellate brief was due on October 81 20151 but because
counsel has been in extended trials and has been ilt counsel has not had the
l!P a g e
time or opportunity to prepare and file Appellant's brief.
8. Appellant requests an extension of time of 30 days from the date
of October 5, 2015, i.e. November 4, 2015.
9. Appellant relies on the following facts as good cause for the
requested extension:
Counsel for Appellant has been inundated with trials and hearings, and
has been sick, and has been unable to properly prepare appellant's brief, and
needs more time to do so.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this
Court grant this Motion To Extend Time to File Appellant's Brief, and for such
other and further relief as the Court may deem appropriate.
Respectfully submitted,
Cargill & Associates
701 N. Elm Street
Palestine, Texas 75801
Tel: (903) 729-8011
Fax: (903) 729-5112
sy:~u)¥
Mark W. Cargill
State Bar No. 00787201
cargillaw@earthlink.net
Attorney for James Branch
2 1P age
CERTIFICATE OF SERVICE
This is to certify that on October 5, 2015, a true and correct copy of the
above and foregoing document was served on Lynn Markham by fax.
31 Page
STATE OF TEXAS §
§
COUNTY OF HOUSTON §
AFFIDAVIT
BEFORE ME, the undersigned authority, on this day personally
appeared Mark W. Cargill, who after being duly sworn stated:
"I am the attorney for the appellant in the above numbered and
entitled cause. I have read the foregoing Motion To Extend Time
to File Appellant's Brief and swear that all of the allegations of fact
contained therein are true and correct."
Mark W. Cargill
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME on ltJ/U . 2015, to
certify which witness my hand and seal of office.
4 1P age