COURT OF APPEALS FOR THE ,™° ,NAPPI=ALS
1ST COURT OF APPEALS
FIRST DISTRICT OF TEXAS AT HOUSTON Houston texas
DEC 1 5 2015
UHHIblUHHUH M. PniNC
CLERK (^\ J
CASE # 01-13-00362-CV
PHILLIP MANDERSCHEID,
PLAINTIFF/APPELLANT,
v.
LAZ PARKING OF TEXAS LLC, and
BOOT MAN, INC. D/B/A PREMIER PARKING
ENFORCEMENT,
DEFENDANT/APPELLEE.
* * * EMERGENCY * * *
MOTION TO ENLARGE TIME WITHIN WHICH APPELLANT'S
MOTION FOR REHEARING THE COURT'S OPINION OF 15 OCTOBER
2015 MAY BE TIMELY COMPLETED AND FILED
Phillip Manderscheid,
Appellant pro se
315 Heidrich Street
Houston, Texas 77018
Res: 832-848-1934
Cell: 832-423-0951
Page 1 of Seven Pages
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
NOW COMES Phillip Manderscheid (hereafter "Appellant"), here
proceeding pro se and files this APPELLANT'S MOTION TO ENLARGE
TIME WITHIN WHICH APPELLANT'S MOTION FOR REHEARING OF
THIS COURT'S OPINION OF 15 OCTOBER 2015 MAY BE TIMELY
COMPLETED AND FILED and for cause thereon will show the court as
follows:
I.
BACKGROUND
1. This case rises from the Harris County Court at Law #4 and is with respect
to the Judgement of that court rendered and entered against the
Plaintiff/Appellant in favor of appellee as of 14 January 2013. The case
appealed from county court is styled therein as Manderscheid v Laz Parking
of Texas LLC, and Boot man, Inc. D/B/A Premier Parking Enforcement.
2. This court has entered its OPINION against Appellant dated 15 October 15
and Appellant here has need of an emergency extension of time to file his
MOTION FOR REHEARING.
3. Appellant has requested and received one enlargement of time extending the
due date for Appellant's Motion for Rehearing in this matter to and
including Tuesday, 15 December 15.
4. Due to unforeseeable mitigating circumstances, Appellant, of necessity, is
needing added time within which to properly complete and file Appellant's
Motion for Rehearing in this matter.
5. Accordingly, and of urgent necessity, as of overnight Sunday, 13 December
15, and due to a matter of emergency (as described below) it has become
necessary for Appellate to seek and obtain from this court an enlargement of
Page 2 of Seven Pages
time necessary to complete and then timely file Appellant's Motion for
Rehearing of this Court's Opinion of 15 October 15.
6. Accordingly, and in the face of this EMERGENCY, Appellant makes and
files this his second request for enlargement of time within which to
complete and then timely file Appellant's Motion for Rehearing of this
Court's Opinion of 15 October 15.
II.
APPELLANT'S EMERGENCY
MOTION TO ENLARGE TIME WITHIN WHICH APPELLANT MAY TIMELY
COMPLETE AND FILE APPELLANT'S MOTION FOR REHEARING OF THIS
COURT'S OPINION OF 15 OCTOBER 15.
7. Appellant here makes this his second request for enlargement of time to file
his Motion for Rehearing of this Court's Opinion of 15 October 15.
Appellant has previously made one request and the same was granted and
the due date for his Motion for Rehearing has been extended to and
including Tuesday, 15 December 15.
8. Appellant is here requesting an enlargement for a reasonable time of Twenty
(20) days from Tuesday, 15 December 15 to and including Monday, 4
January 16.
9. This EMERGENCY Motion To Enlarge Time to make timely filing of
Appellant's Motion for Rehearing of the Court's OPINION of 15 October 15
is timely made prior to the deadline of Tuesday, 15 December 15, for filing
as has been previously approved by this court.
10. Further, pursuant to TRAP, Rule 49.8, a court of appeals may extend the
time for filing a motion for rehearing or en banc reconsideration if a party
files a motion complying with Rule 10.5(b) no later than 15 days after the
last date for filing the motion. Accordingly, this request is timely.
Page 3 of Seven Pages
11. Further, pursuant to TRAP, Rule 10.5(b), Appellant here makes this his
second request for enlargement of time, here an EMERGENCY enlargement
of time to file his Motion for Rearing of this Court Opinion of 15 October
15. Appellant has previously made only one request, the same being granted,
nor has Appellant been denied any previous request for enlargement to file
Appellant's Motion for Rehearing.
12. The Court's Opinion in this case was rendered and filed on 15 October 15
and the last day on which a Motion to Enlarge Time may timely be filed
pursuant to TRAP is 15 November 15 thus rendering this present motion to
enlarge as being timely.
13. Appellant is here requesting an enlargement for a reasonable time of
twenty (20) days from Tuesday, 15 December 15, to and including 4 January
16.
14. The court's Opinion was rendered and filed on 15 October 15 after many
months and the Opinion consisted of 29 pages text. In appellant's view, the
opinion requires significant research in order to properly address the
multiple issues rising from the Opinion for purposes of a Motion for
Rehearing. It is impossible for this Appellant to properly complete this task
within the present and granted due date of 15 December 15 under the rules
without an enlargement of time. Due Process requires that Appellant's
request of this court for an enlargement of time in order to meet the
Appellant's burden respecting his Motion for Rehearing.
15. Appellant is here proceeding pro se with only the help and research
assistance who is a close non-lawyer friend and research assistant, but
without the assistance of a lawyer or counsel for this appeal and is,
accordingly, having to individually research, write and prepare the Motion
for Rehearing for filing with this court without the aid and assistance of
Page 4 of Seven Pages
professional and experienced counsel while not being personally
experienced and/or trained in the task at hand. This has and will continue to
require a significantly greater and more complex work load than is possible
to be completed within the present due date of 15 December 15, and now, as
of this morning, without the help from anyone, legally trained or not,
because, as of Monday 14 December 15, at 4:46 AM, Appellant's non-
lawyer research assistant and friend telephoned (using his cell phone) from
the emergency ward of St. Luke's - The Vintage hospital to inform me, his
friend, and here Appellant, that he had been admitted under an
EMERGENCY to the cardiac unit of St. Luke's Hospital - The Vintage just
off of Hwy 249 North of FM 1960 due to his having suffered a cardiac
incident, and consequently, he would be unable to assist this Appellant with
more and necessary research and completion assistance, etc. on the present
motion, required by Appellant, that he had been doing up to and prior to his
hospitalization during the wee hours of Monday, 14 December 15, just one
day prior to the required date of filing. As a consequence, Appellant's plan
over the past month to file his MOTION FOR REHEARING THE
COURT'S OPINION OF 15 OCTOBER 15, due to be filed no later than
Tuesday, 15 December 15, has now been derailed and thwarted.
16. Further, Appellant has experienced added complications for this task of
researching, writing and timely filing of his Reply Brief since the Appellee
as well as this court via its Opinion of 15 October 15 has raised fundamental
jurisdictional issues raisejurisdiction issues rising from and over this appeal.
17. Appellant is seeking to address multiple errors which are perceived by
Appellant as being inconsistent with the ends ofjustice, equal protection and
due process of law. Those complex issues together with the scope and
Page 5 of Seven Pages
number of those issues make it impossible for appellant to timely complete
the task timely without an appropriate enlargement of time from this court.
18. Each and all of the foregoing make absolutely necessary this Appellant's
request for the extended thirty (30) day enlargement of time, already
granted, and an additional twenty (20) days beyond Tuesday, 15 December
15, to and including Monday, 4 January 16, given the extraordinary
circumstances rising from this appeal which affect this motion.
19. Accordingly, Appellant's second request of this court for an enlargement
of time in the reasonable amount of twenty (20) days requested to be
GRANTED within which Appellant may complete and timely file his
Motion for Rehearing of this court's Opinion of 15 October 15 which
request/seeks to enlarge the filing due date from Tuesday, 15 December 15 -
up to and including Monday, 4 January 16.
III.
NO ONE WILL BE INJURED BY THIS COURT'S GRANTING - BY
EMERGENCY - VIA APPELLANT'S SECOND THIRTY DAY
ENLARGEMENT OF TIME WITHIN WHICH APPELLANT MAY TIMELY
FILE HIS MOTION FOR REHEARING OF THIS COURT'S OPINION OF
15 OCTOBER 15.
1. Should this court grant Appellant's second request for twenty (20) day
enlargement of time in this case, no one will be unjustly delayed or injured.
Alternatively, the enlargement of time will permit and afford to the
Appellant a due process sufficient to complete his Motion for Rehearing of
the Opinion of this court dated 15 October 15 as are reasonable given the
extraordinary circumstances rising from this matter.
2. This request for enlargement of time is not being made for any purpose of
delay but rather for sufficient and reasonable added time to permit Appellant
Page 6 of Seven Pages
adequate time to complete preparation and timely filing of his Motion for
Rehearing ofthe Court's Opinion of 15 October 15.
3. It is Appellant's intent to be truthful and factual in all things pertaining to
this appeal, and therefore, he intends to file, along with this his Second
Motion for an Enlargement of Time, an affidavit relevant to the
hospitalization of Appellant's research assistant and his close personal friend
referred to above.
WHEREFORE PREMISES CONSIDERED, Appellant requests relief from this
court as follows:
1. That this court GRANT Appellant's second request for a twenty (20) day
enlargement of time within which Appellant's Motion for Rehearing of the
Court's Opinion of 15 October 15 may be completed and timely filed with
the clerk of this court, and
2. That the court GRANT this, the Appellant's second request for an
Enlargement of time of twenty (20) days enlargement from Tuesday, 15
December 15 to and including Monday, 4 January 16, and
3. That this court GRANT to Appellant added and other relief that to the court
is just at law and/or in equity, and
4. Appellant requests justice.
Respectfully submitted,
-444J IfesdLlLdsU^L
lip Manderscheid, Appellant pro se
Heidrich Street
Houston, Texas 77018
Res: 832-848-1934
Cell: 832-423-0951
Page7 of Seven Pages
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Motion to the
court of Appeals has on this the 15th day of December, 2015 been forwarded to the
counsel for Appellee at his address of record as has been filed with the clerk and in
the records of this appeal with the 1st Court of Appeals at Harris County, Texas.
inderscneid,
Mandersc Appellant pro se
Page 8 of Seven Pages
STATE OF TEXAS
HARRIS COUNTY
RE: APPELATE COURT CASE NO. 01-13-00362-CV - 1st Court of Appeals Harris County, Texas
AFFIDAVIT
BEFORE ME, the undersigned authority, this day personally appeared Phillip Manderscheid, who
after being by me duly sworn, on oath deposes and says:
1. My name is Phillip Manderscheid.
2. Iam overthe age of 18 and am a resident ofthe State of Texas. I have personal
knowledge ofthe facts herein, and, if related called as a witness, could testify competently
theretofor all purposes related.
3. Iam a closefriend and acquaintance (hereinafter "Research Assistant") of an individual
with arrangements having been previously made for research and other assistance related
to my presentcase pending with the 1st Court ofAppeals in Harris County, Texas.
4. Overnight, on Sunday evening, 13 December 15, my research assistant became severely ill
with cardiac events, and was admitted into the emergency care section ofthe CHI St.
Luke's Hospital - The Vintage located on Hwy 249just north of FM1960 and further
admitted to St Luke's Cardiac Intensive care unit.
5. My research assistant has been assisting me for several months with my civil appellate
case (see case number above). This affidavit is to be attached to and filed with my Motion
for Enlargement ofTime made necessary by thedelays in my final preparations for filing
the said Motion to Enlarge.
6. Due to much concern over these events as they impact my case along with the state ofhis
health and demands of my case, his intimate knowledge of my case and that I have a
deadline to meet in filing a document with the 1st Court ofAppeals Clerk, Christopher Prine,
by the next day, on Tuesday, December 15,2015, my research assistant's wife and then
he called personally GIVING TELEPHONE NOTICE OF HIS PERSONAL EVENTS
AFFECTING MY CASE and the impact that these events would impose upon my case and
its final preparations for filing soon after entering the emergency room ofthe hospital.
7. From the emergency area ofthe hospital and using his cell phone, he called me at 4:46
AM on December 14,2015 to inform me as to his being admitted into St. Luke's Hospital,
located on Hwy 249, so as to appraise me of the added burdens that these events would of
necessity impose on my case.
8. Despite his distress, we very briefly discussed his plight, and mine - the Urgency of my
need tofile a Second Motion for Enlargement ofTime with Appellate Clerk, Christopher
Prine, because it was no longer possible to complete and file the Motion for Rehearing the
Court's Opinion of15, October 2015 in a timely manner - - thesame being dueto befiled
no later than Tuesday, December 15,2015 at 5:00 PM Central Time.
9. I have concluded that Ihave no choice butto prepare and file a Second Motion to enlarge
time in this case to accommodate the unknowing and unknowable circumstances
surrounding the timeliness of any Second motion for rehearing.
Ideclare under penalty of perjury thatthe foregoing is true and correct to the best of my
knowledge.
Further Affiant sayeth not
UZ^^L^L Jk^bM^z-JL Phil 'P Manderscheid
' r-T VWV J/ ,^ A
ip ManderscMid x
Heidrich StV
Houston, Texas 77018
NOTARIAL ACKNOWLEDGEMENT
SUBSCRIBED AND SWORN TO BEFORE ME onthis the /$&£. day of December, 2015,
to certify which witness my hand and official seal.
VtL.