Todd David Rogers v. Gina Marie Rogers ( 2015 )

ACCEPTED 01-15-00224-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 11/9/2015 12:00:00 AM CHRISTOPHER PRINE CLERK Appellant’s Motion To Extend Time To File Brief FILED IN - 1st COURT OF--APPEALS - ---- - Appeal No. 01-15-00224-CV HOUSTON, --- TEXAS - - ----ID K ------ 11/8/2015 - 6:13:30 - -- PM ---- VO ------ CHRISTOPHER -- A. PRINE ---- ----Clerk In the Court of Appeals First District at Houston Texas FILED IN Houston, Texas 1st COURT OF APPEALS HOUSTON, TEXAS __________________________________ 11/9/2015 10:15:00 AM CHRISTOPHER A. PRINE Clerk Todd David Rogers V. Gina Marie Rogers _________________________________ Trial Court Case No. 12-DCV-199022 434th District Court, Ft Bend County, Texas The Honorable James Shoemake Appellant Walter P. Mahoney, Jr. Attorney for Appellant State Bar No.: 12844600 3668 Burke Pasadena, Texas 77504 (281) 998-9450 (281) 998-9430 Identity of Parties and Counsel The following is a list of all parties and all counsel in this matter: Appellant: Todd David Rogers Trial Court Attorney for Appellant: Walter P. Mahoney Jr. 3668 Burke Pasadena, Texas 77504 Phone 281-998-9450 Fax 281-998-9430 SBN 12844600 Appellee: Gina Marie Rogers Trial Court attorney for Appellee: Marlene Zinsmeister 106 Guenther Street Sugarland, Texas 77478 Trial Court Judge: The Honorable James Shoemake, Presiding Judge 434th Judicial District Court 1422 Eugene Heimann Circle ,Richmond, Texas 2 To The Honorable Justices of This Court: Comes now, Todd David Rogers, the Appellant, and files this his request to extend time to file Appellant’s Brief and in support of such request would show unto this Honorable Court as follows: I This is Appellant’s initial request for an extension of time to file his brief. On the 13th day of October this Court issued a directive to the Appellant that his brief was due on the 12th day of November 2015. This Order was issued shortly after the clerk’s record was supplemented by the Ft Bend County District Clerk with a copy of the final Judgement that forms the basis for this appeal. Since that time Appellant has filed a timely Motion for New Trial within the Trial Court and that Motion is set to be heard in the 434th Judicial District Court on the 25th day of November, 2015. The ruling on the Motion may well enter into the development of the issues that will be presented on the appeal. The Appellant believes that justice will best be served if the issues are fully developed and presented to this Court. The requested delay is not the result of conscious indifference but because of the need for additional information . Prayer Wherefore Premises Considered the Appellant prays that this Honorable Court extend the time for Appellant to file his brief until after the ruling of the trial court on the Motion for New Trial. Respectfully submitted, /s/ Walter P. Mahoney Jr. _______ Walter P. Mahoney, Jr. Attorney for Appellant State Bar No.12844600 3668 Burke Pasadena, Texas 77504 (281) 998-9450 (281) 998-9430 Attorney for Appellant Certificate of Service I certify that a true copy of this Response was served in accordance with rule 9.5 of the Texas Rules of Appellate Procedure on each party or that party’s counsel as follows: Gina Marie Rogers, Appellee Trial Court attorney for Appellee Marlene Zinsmeister 106 Guenther Street Sugarland, Texas 77478 Method of service: Electronic Service Date of Service: 11-8-2015 4 /s/ Walter P. Mahoney Jr ___________ Walter P. Mahoney, Jr. Attorney for Appellant Word Count I Walter P. Mahoney Jr. do hereby Certify that the word count for this document is 587 words. /s/ Walter P. Mahoney___ Walter P. Mahoney Jr. CERTIFICATE OF CONFERENCE I, Walter P. Mahoney Jr., do hereby certify that I have spoken with the Trial Counsel regarding this proceeding and she has assured me she will not be involved in the Appellate Process. I have no other means to confer with the litigant. Signed this 8th day of November, 2015. /s/ Walter P. Mahoney Jr ____ Walter P. Mahoney Jr.