ACCEPTED
04-14-00547-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
9/28/2015 9:03:46 AM
KEITH HOTTLE
CLERK
NO. 04-14-00547-CV
______________________________________________________
FILED IN
4th COURT OF APPEALS
SAN ANTONIO, TEXAS
IN THE COURT OF APPEALS
09/28/2015 9:03:46 AM
FOURTH SUPREME JUDICIAL DISTRICT
KEITH E. HOTTLE
SAN ANTONIO, TEXAS Clerk
______________________________________________________
IN THE INTEREST OF T.S.P., A CHILD
______________________________________________________
APPELLANT’S FIRST MOTION
TO EXTEND DEADLINE TO FILE MOTION FOR REHEARING
______________________________________________________
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
Comes now TAD DANA PERRY, Appellant, and files this Motion to Extend
Deadline to File Motion for Rehearing before the Panel, and would show the Honorable
Court as follows:
1. A motion for rehearing may be filed within 15 days from the date a judgment or
order has been rendered by the Court. Rule 49.1 Tex. Rules App. Proc.
2. The Court may extend the deadline to file a motion for rehearing if the motion is
filed within 15 days from the deadline to file the motion. Rule 49.8 Tex. Rules
App. Proc.
3. The Court rendered its judgment on August 26, 2015.
4. Appellant’s deadline to file a motion for rehearing was September 10, 2015.
5. The time allowed for the Court to extend the deadline to file a motion will expire
on September 26, 2015.
6. Appellant seeks to extend the deadline to file a motion for rehearing for 30 days, to
October 25, 2015.
7. Appellant did not previously have access to the necessary finances sufficient to
cover costs to move for rehearing on issues not addressed in opinion, specifically
the Appellee’s failure of proof on conditions precedent related to medical support.
8. If remanded without further clarification of the issues related to the “determination
of the amount of child support arrearages and medical support arrearages to which
[Appellee] is entitled,” the order to remand will relay to the trial court that this
Court has concluded that Appellee is in fact entitled to the increases in medical
support despite the fact that Appellee failed to prove at trial that she complied with
the Court Ordered conditions precedent to the said increases. On remand, the trial
court’s determination is not a mere question of arrearage “recalculation”. On the
contrary, the trial court implicitly found that the Appellee had in fact complied
with the conditions precedent to said increase in order for the Attorney General’s
payment record to be accurate. The Appellant’s grounds for relief included the
specific ground that the Appellee failed to introduce any evidence or her obliged
performance of the conditions precedent as required by the Decree of Divorce.
Without further clarification of the remand order, or the additional grant of relief
on that specific ground, the Appellant would be back before this Court on another
“abuse of discretion” claim on that specific issue after the trial court simply
“calculates” the amounts due upon introduction of the Attorney General’s payment
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record. Appellee should not have the opportunity to make an additional attempt at
providing sufficient proof of an increase in payment amount or arrearages related
to medical support.
9. The undersigned attorney has been preparing for and appearing in numerous
administrative hearings and appearance, pre-trial, and trial settings in Texas district
and county courts over the last 30 days.
10. This is the first request for extension to file a motion for rehearing submitted by
the Appellant in this matter.
11. This extension of time is not sought for delay or any other dilatory purpose, but so
that the Appellant can fully research the issues of this case and clearly state the
points to be relied on for rehearing.
12. The Appellant respectfully prays that the Court grant the instant Motion and
extend the deadline for filing of the Appellant’s Motion for Rehearing before the
Panel to October 25, 2015.
Respectfully submitted,
ROBERT BARRERA P.C.
424 East Nueva
San Antonio, Texas 78205
Telephone: (210) 244-5811
Facsimile: (210) 224-5890
_______/S/___________________
ROBERT J. BARRERA
State Bar No. 01807500
ATTORNEY FOR APPELLANT
TAD DANA PERRY
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that on the 25th day of September, 2015 a true
and correct copy of the foregoing was served on all parties in this case by fax, email, or
mail.
/S/
ROBERT J. BARRERA
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