Stephen D. Fox, as Next Friend of C. F. and M. F. v. Mirna Azucena Alberto Perez ( 2015 )

ACCEPTED
03-14-00810-CV
5126043
THIRD COURT OF APPEALS
AUSTIN, TEXAS
5/1/2015 4:31:51 PM
JEFFREY D. KYLE
CLERK
No. 03-14-00810-CV
FILED IN
In the Third Court of Appeals 3rd COURT OF APPEALS
AUSTIN, TEXAS
For the State of Texas 5/1/2015 4:31:51 PM
Austin, Texas JEFFREY D. KYLE
Clerk
STEPHEN D. FOX,
AS NEXT FRIEND OF
C.F. and M.F.
Appellant
v.
MIRNA AZUCENA ALBERTO PEREZ
Appellee
Appeal from the 207th Judicial District Court of Comal County, Texas
Cause No. C2014-1631B
Honorable Dip Waldrip, Presiding
APPELLANTS'
SECOND MOTION FOR EXTENSION OF TIME
TO FILE APPELLANT'S BRIEF
New Braunfels, Texas 78131
(832) 245-2665
EMail-
Fox.Stephen20 11@ gmail.com
ATTORNEY FOR APPELLANTS
Motion for Extension of Time/File Brief/ 1
TO THE HONORABLE COURT OF APPEALS:
COMES NOW, Appellants, STEPHEN D. FOX, as Next Friend of
C.F. and M.F., and move the Court to grant a Second Motion for Extension
of Time to File Appellants' Brief herein, and in support thereof would show
the Court the following:
1. Appellants' Attorney of Record, STEPHEN D. FOX, has been
extremely busy in commercial I civil litigation cases Texas as well
as in Louisiana. The issues that Appellants are researching are
very technical and require extensive research therein. The court
hearings and trials, as well as the technical issues concerning the
this appeal deal with complex issues of law have prevented him
from completing his research of the law and drafting Appellant's
Brief herein; although Appellant has been working on that Brief.
2. STEPHEN D. FOX also has hearing and trial matters pending in
various District and County Civil courts, for which he must
exercise due diligence in preparation and presentation at those
hearings and trial.
3. STEPHEN D. FOX has also had a matter pending before Louisiana
District Courts and Courts of Appeals, which matter has taken a
tremendous amount of Appellant's research and writing time.
Motion for Extension of Time/File Brief/ 2
4. For the good cause as shown above, Attorney, STEPHEN D. FOX,
requires at least an additional three (3) month in which to file
Appellant's Brief.
5. Because of the matters, as stated above, STEPHEN D. FOX
request that the Court grant Appellant a three (3) month extension
for filing Appellant's Brief.
6. This Motion of not brought for purposes of delay, but that justice
might be done.
WHEREFORE, PREMISES CONSIDERED, Appellants pray that the
Court grant Appellants' Second Motion for Extension of Time to File
Appellants' Brief herein, and for such other and further relief, both general
and special, legal and equitable, to which Attorney, STEPHEN D. FOX,
may show himself to be justly entitled.
Respectfully submitted,
s£f:~ox~
TBN 07337250
P.O. Box 312104
New Braunfels, Texas 78131
(832) 245-2665
EMail-
Fox.Stephen20 11@ gmail.com
ATTORNEY FOR APPELLANTS
Motion for Extension of Time/File Brief/ 3
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document
was served upon all parties entitled to notice per the Texas Rules of Civil
Procedure on this the J>f day of
------...~lt"-i4``~r-+----------' 2015.
s``-F~
CERTIFICATE OF CONFERENCE
I do hereby certify that a reasonable effort has been made to resolve
the dispute without the necessity of intervention and that effort has failed.
s£~1.15x~
Motion for Extension of Time/File Brief/ 4
AFFIDAVIT
STATEOFTEXAS §
§
COUNTY OF BEXAR §
BEFORE ME, the undersigned authority, on this day personally
appeared STEPHEN D. FOX, who, being by me duly sworn upon his oath
did depose and say:
"My name is STEPHEN D. FOX, I am over the age of eighteen (18)
years, competent to testify, I have personal knowledge of the facts stated
herein, and all facts stated herein are true and correct.
I have drafted and read the foregoing Second Motion for Extension of
Time to File Appellants' Brief and all facts stated therein are true and
correct. This Motion is not brought for purposes of delay, but that justice
might be done."
Further Mfiant Sayeth Naught: ~
``~L~
Sv PHEN D. FOX
SWORN TO AND SUBSCRIBED BEFORE ME, the undersigned
){-
/
authority, on this the __ day of , 2015.
Notary Public/State of Texas
My Commission Expires:
OL/ j,o/zaJfa
Motion for Extension of Time/File Brief/ 5
/, the undersigned Notary Public, have verified the identity of the Deponent herein by:
(A) The deponent is personally known to the notary public;
(B) The deponent was identified by an identification card
issued by a governmental agency or a passport issued by the
United States; or
(C) The deponent was introduced to the notary public, and, if
introduced, the name and residence or alleged residence of the
individual introducing the deponent. Tex. Gov. Code §
406.014 (1997).
Motion for Extension of Time/File Brief/ 6