ACCEPTED
03-15-00474-CV
7393174
THIRD COURT OF APPEALS
AUSTIN, TEXAS
10/15/2015 2:05:51 PM
JEFFREY D. KYLE
CLERK
No. 03-07-123456-CV
In The Court Of Appeals FILED IN
3rd COURT OF APPEALS
For The Third Court Of Appeals District AUSTIN, TEXAS
10/15/2015 2:05:51 PM
Austin, Texas JEFFREY D. KYLE
Clerk
MATTHEWS, ERMA J.
Appellant,
v.
JEROME SOLOMON c/o EPOCH FILMS INC., MINDY GOLDBERG AND
OTHERS
Appellee.
ON APPEAL FROM THE 423rd DISTRICT COURT, BASTROP COUNTY,
TEXAS
TRIAL COURT CAUSE NO. 423-3470
APPELLANT’S FIRST MOTION
TO EXTEND TIME TO FILE APPELLANT’S BRIEF
ERMA J. MATTHEWS
25491 BERESFORD DRIVE
SOUTH RIDING, VIRGINIA 20152
Telephone: (571) 933-8413
FAX: SAME
APPELLENT
Identity of Parties and Counsel
Appellant/Plaintiff: Plaintiff/Appellant’s
Appellate Pro Se:
Erma J. Matthews
25491 Beresford Drive
South Riding, Virginia
20152
(571) 933-8413
Appellee/Defendant: Defendant/Appellee’s
Appellate Counsel:
Noah Galton, Jackson Walker LLP
100 Congress Avenue, Ste. 1100
Austin, Texas 78701
TO THE HONORABLE THIRD COURT OF APPEALS:
Pursuant to TEX. R. APP. P. 10.1 and 38.6(d), the Appellant, ERMA J.
MATTHEWS, files First Motion to Extend Time to File
Appellant’s Brief.
Erma J. Matthews’s opening brief is currently due on October 21, 2015.
Appellant, Erma J. Matthews requests a 30-day extension of time to file its brief,
making the
Brief due on November 21, 2015. This is the first request for extension of time to
file the opening
Brief.
Erma J. Matthews relies on the following reasons, for the need for the requested
extension:
▸ Appellants health issues affect her ability on multiple levels; whereas she
remains positive to not allowing her disabilities to affect her life, it is sometimes
unavoidable. Being that I am disabled I have to set aside (both planned and
unplanned) a considerable amount of time to deal with ongoing health concerns.
▸ Also Appellants cerebrum stroke she suffered is a major part in the delay of her
brief being in on the required time limit.
▸ Lastly but not least being that Appellant is Pro Se and has no prior knowledge of
the Appellate process is finding her way, the amount of the records is taking more
time for Appellant to decipher through, is waiting to hear back from the Clerk’s
office on a couple of concerns and is still researching various cases.
Appellant, Erma J. Matthews therefor 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 attempted to conferred with Noah Galton, counsel for the
Defendant/Appellee, to determine their position on the substance of the motion but
has not received a response back before the completion of my motion.
All facts recited in this motion are within the personal knowledge of the Appellant
Pro Se, signing this motion; therefore no verification is necessary under Texas
Rule of Appellate Procedure 10.2.
PRAYER FOR RELIEF
For the reasons set forth above, Appellant requests that this Court grant this First
Motion to Extend Time to File Appellant’s Brief and extend the deadline for filing
the
Appellant’s Brief up to and including November 21, 2015. Appellant, requests all
other relief to which it may be entitled.
Respectfully submitted,
Erma J. Matthews
Erma J. Matthews
25491 Beresford Drive
South Riding, Virginia 20152
Telephone: (571) 933-8413
CERTIFICATE OF CONFERENCE
Pursuant to TEX. R. APP. P. 10.1(5), I certify that the undersigned have made
reasonable attempts to confer with the other parties to determine their position on
the substance of the motion with opposing counsel but have not received a reply.
Erma J. Matthews
CERTIFICATE OF SERVICE
Pursuant to TEX. R. APP. P. 9.5, I certify that on October__ _13th__, 2015, a copy
of this motion was efiled, to the 3rd Court of Appeals and Attorney for Defendant’s
Mr. Noah Galton.
Erma J. Matthews