in the Matter of the Marriage of Steven W. Ard and Marsha Ard-Phillips ( 2014 )

ACCEPTED
14-14-00808-CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
12/28/2014 4:28:31 PM
CHRISTOPHER PRINE
CLERK
No. 14-14-00808-CV
FILED IN
MARSHA ARD-PHILLIPS § IN THE FOURTEENTH
14th COURT OF APPEALS
Appellant, § HOUSTON, TEXAS
12/29/2014 8:37:00 AM
v. § COURTCHRISTOPHER
OF APPEALS A. PRINE
STEVEN W. ARD, § Clerk
Appellee. § HOUSTON, TEXAS
APPELLANT’S OPPOSED MOTION FOR EXTENSION
Marsha Ard-Phillips, Appellant, files this motion to extend
deadline for filing the appellate record and would show the Court the
following:
Introduction
1. Appellate filed an Affidavit of Indigence on Oct 7, 2014.
2. The trial court signed an order sustaining contests heard on Oct. 22,
2014.
3. Appellant filed a Texas Access to Justice Foundation Affidavit of
Indigence with certificate on Nov 3, 2014.
4. There is no deadline for filing this motion.
Appellant’s Motion for Extension - December 27, 2014
1
Motion
5. Appellant requested the district clerk’s and court reporters’ records
in writing on October 13th, 2014, November 6th, 2014 and the
court reporters’ again on December 17th, 2014.
6. The district clerk’s record and the court reporters’ records and
exhibits in the 312th and 269th Judicial District Courts are
necessary to decide the issues on appeal.
7. Appellant is financially unable to comply with Tex. R. App.P.
§35.3(a)(2) and (b)(3), to pay for the records and has not been able
to secure arrangements for payment of these appellate records.
8. Appellant requests a 30 day extension of the appellate record filing
deadline until January 28th, 2014. Tex. R. App. P.
§10.5(b)(1)(A)(B)
Summary of Argument
9. Appellant has made attempts to obtain the appellate records, has
been unable to pay for the records, and requests more time for
doing so.
10. No extension has been previously requested or granted for
Appellant’s request. Tex. R. App. P. §10.5(b)(1)(D)
Appellant’s Motion for Extension - December 27, 2014
2
11. Appellant requests more time to make payment arrangements for
the appellate record.
Conclusion
12. Appellant is unable to comply with the filing of the appellate record
deadline at this time. Appellant requests a 30 day extension of the
deadline for securing payment arrangements and filing the
appellate record.
Prayer
13. Appellant seeks an extension of 30 days of the deadline for filing
the appellate record. Appellant requests all relief in law or in
equity that Appellant may be justly entitled.
Respectfully submitted,
Marsha Phillips /s/ pro se
State bar No.: 00789548
12407 N Mopac Expwy
Suite 250-210, Austin, TX 78758
(512) 520-5990 Fax (866) 519-3974
phillipslaw@marshaphillips.com
Certificate of Conference
I certify that I have conferred with Allan Cease by faxed letter dated December
22nd, 2014 and in a December 23rd, 2014 e-mail. He stated he is opposed to
Appellant’s Motion. Marsha Phillips /s/
Appellant’s Motion for Extension - December 27, 2014
3
Certificate of Compliance
I certify that this document was produced on a computer using Microsoft Word 2010
and contains 312 words, (525 all inclusive) as determined by the computer
software's word-count function, excluding the sections of the document listed in
Tex. R. App. Proc. 9.4(i)(1). Marsha Phillips /s/
Certificate of Service
I certify that a true copy of the Appellant’s Motion for Extension was served in
accordance with Tex. R. App. Proc. 9.6 on each party or that party’s lead counsel as
follows: party: Steven Ard, counsel: Mr. Allan A. Cease, allancease@comcast.net 56
Sugar Creek Center, Blvd., Suite 300, Sugar Land, TX 77478, phone (281) 980-
0909. Method of Service: eFileTexas.gov. Date of Service: December 28th, 2014.
Marsha Phillips /s/
Appellant’s Motion for Extension - December 27, 2014
4