ACCEPTED
04-14-00735-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
3/19/2015 2:02:46 PM
KEITH HOTTLE
CLERK
FILED IN
4th COURT OF APPEALS
SAN ANTONIO, TEXAS
03/19/2015 2:02:46 PM
KEITH E. HOTTLE
Clerk
CAUSE NO. 04-14-00735-CV
_____________________________________________________
IN THE COURT OF APPEALS
FOR THE
FOURTH JUDICIAL DISTRICT
SAN ANTONIO, TEXAS
Brian C. Simcoe, Appellant
v.
Thomas Christopher and Catrina Christopher, Appellees
_____________________________________________________
APPEAL FROM THE 45TH JUDICIAL DISTRICT COURT
BEXAR COUNTY, TEXAS
HONORABLE JUDGE BARBARA HANSON NELLERMOE, JUDGE PRESIDING
FIRST MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF
James A. Rodriguez
Law Office of James A. Rodriguez
SBN: 24057667
540 S. St. Mary’s Street
San Antonio, Texas 78205
Phone: (210) 581-3990
Fax: (210) 224-8214
Email: james@rodriguezlaw.us
Attorney for Appellees
TO THE HONORABLE FOURTH COURT OF APPEALS:
Pursuant to TEX. R. APP. P. 10.1 and 38.6(d), the Appellees, Thomas and Catrina
Christopher, file this First Motion to Extend Time to File Appellee’s Brief.
Appellee’s brief is currently due on March 23, 2015.
Counsel for Appellee requests a two-week extension of time to file its brief,
making the brief due on April 6, 2015. This is the first request for extension of time to
file the Appellee’s brief.
Counsel for Appellee relies on the following reasons, in addition to the routine
matters that counsel must attend to in daily practice, to explain the need for the requested
extension:
Counsel for Appellant/Appellee was absent from his office for two weeks
in the month of March for medical reasons. As a result of this absence, and
as a result of pressing matters in several cases pending in the District
Courts of Bexar, Guadalupe, Williamson, and Uvalde Counties, he will
not be able to prepare the brief in time to meet the Court’s briefing
deadline absent an extension.
Counsel for Appellee seeks this extension of time to be able to prepare a cogent
and succinct brief to aid this Court in its analysis of the issues presented. This request is
not sought for delay but so that justice may be done.
The undersigned has conferred with opposing counsel, but opposing counsel has
stated that she cannot agree to the filing of an unopposed motion to extend time.
All facts recited in this motion are within the personal knowledge of the counsel
signing this motion, therefore no verification is necessary under Rule of Appellate
Procedure 10.2.
PRAYER FOR RELIEF
For the reasons set forth above, Appellee requests that this Court grant this First
Motion to Extend Time to File Appellee’s Brief and extend the Deadline for Filing the
Appellee’s Brief up to and including April 6, 2015. Appellee prays for all other relief to
which it may be entitled.
Respectfully Submitted,
______________________________
James A. Rodriguez
State Bar No. 24057667
540 S. St. Mary’s Street
San Antonio, Texas 78205
Phone: (210) 581-3990
Fax: (210) 224-8214
Email: james@rodriguezlaw.us
Attorney for Appellees
Thomas and Catrina Christopher
CERTIFICATE OF CONFERENCE
I certify that I conferred with counsel for Appellant regarding this First Motion to
Extend Time to File Appellee’s Brief prior to filing.
______________________________
James A. Rodriguez
State Bar No. 24057667
Attorney for Appellees
Thomas and Catrina Christopher
CERTIFICATE OF SERVICE
I certify that a true copy of the foregoing First Motion to Extend Time to File
Appellee’s Brief was served on each party or that party’s lead counsel in accord with the
Texas Rules of Appellate Procedure on March 19, 2015, as follows:
Party: Brian C. Simcoe
Lead Attorney: Sarah Anne Lishman
Address of Service: 310 S. St. Mary’s St., Suite 845
San Antonio, Texas 78205
Method of Service: Fax to (210) 308-5669,
Email to sarahanne.jgrahamlaw@yahoo.com
Date of Service: March 19, 2015
Party: Adria Joy Simcoe, Pro Se
Address of Service: 115 Osprey Haven
San Antonio, Texas 78253
Method of service: Email to adriasimcoe@yahoo.com, per request
Date of Service: March 19, 2015
______________________________
James A. Rodriguez
State Bar No. 24057667
Attorney for Appellees
Thomas and Catrina Christopher