Elizabeth Copeland v. Barry Copeland ( 2014 )

ACCEPTED
01-14-00680-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
12/24/2014 3:09:29 PM
CHRISTOPHER PRINE
CLERK
Cause No. 01-14-00680-CV
Elizabeth Copeland, § In the Court of Appeals
FILED IN
Appellant, § 1st COURT OF APPEALS
§ HOUSTON, TEXAS
—versus— § First Court of Appeals12/29/2014
District 8:00:00 AM
§ CHRISTOPHER A. PRINE
Barry Copeland, § Clerk
Appellee. § Houston, Texas
UNOPPOSED THIRD MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLANT
TO THE HONORABLE JUSTICES OF SAID COURT:
NOW COMES Appellant Elizabeth Copeland, and respectfully requests that this Court
extend the deadline to file the Brief of Appellant by thirty days, and would respectfully show the
Court as follows:
A. Factual and Procedural History
1. The case is on appeal from the 311th and 312th Judicial District Courts, Harris County,
Texas.
2. The style and number of the case in the trial court was In the Matter of the Marriage of
Barry L. Copeland and Elizabeth Copeland, and in the Interest of […], Minor Children, Harris
County District Court Cause No. 2012-39055.
3. This is an appeal from a Final Decree of Divorce rendered after an arbitration proceeding.
4. The present deadline for Appellant to file her brief in this case is January 5, 2015.
5. Appellant requests a thirty day extension of this deadline.
B. Argument and Authorities
6. This Court has the authority to grant a motion to extend the deadline to file a party’s brief
under Texas Rule of Appellate Procedure 10.5(b).
7. Appellant seeks an extension of time of thirty (30) days—until February 4, 2015—to file
her brief.
8. Appellant needs additional time to file her Brief of Appellant because both of her
appellate lawyers have filed a motion to withdraw as her counsel.
9. This is the third motion for extension of time filed in this matter.
10. This request for relief is unopposed by Appellee Barry L. Copeland, Jr.
C. Conclusion and Prayer
11. For the foregoing reasons, Appellant Elizabeth Copeland, respectfully requests that this
Court grant her grant her Unopposed Motion for Extension of Time to File Brief of Appellant,
and extend that deadline for thirty (30) days—until February 4, 2015.
Respectfully submitted,
/s/ Beth Watkins
Beth Watkins
State Bar No. 24037675
Law Office of Beth Watkins
926 Chulie Drive
San Antonio, Texas 78216
(210) 225-6666—phone
(210) 225-2300—fax
Beth.Watkins@WatkinsAppeals.com
BRAGG LAW PC
/s/ Melanie Bragg
MELANIE BRAGG
1177 West Loop South, Suite 700
Houston, Texas 77027
(713) 581-7186
(713) 759-9650 Fax
Email: Melanie@bragglawpc.com
State Bar No. 02859200
COUNSEL FOR APPELLANT
ELIZABETH COPELAND
2
CERTIFICATE OF CONFERENCE
I hereby certify that on December 23, 2014, I e-mailed a copy of this motion to Joan
Jenkins, counsel for Appellee Barry L. Copeland, Jr., and Sallee Smythe, who the undersigned
counsel is informed will enter an appearance as counsel for Appellee Barry L. Copeland, Jr. On
December 23, 2014, Ms. Smythe responded that, on behalf of her client, she was unopposed to
the substance of this motion.
/s/ Beth Watkins
Beth Watkins
CERTIFICATE OF SERVICE
I hereby certify that on December 24, 2014, a true and correct copy of the foregoing
Appearance of Counsel was electronically served on the following counsel of record:
Ms. Joan Foote Jenkins
JENKINS & KAMIN LLP
Two Greenway Plaza Suite 600
Houston, Texas 77046
jjenkins@jenkinskamin.com
Counsel for Appellee Barry Copeland
Sallee Smythe
SALLEE S. SMYTH, ATTORNEY AT LAW
800 Jackson St
Richmond, TX 77469
smyth.sallee@gmail.com
Prospective Counsel for Appellee Barry Copeland
Ms. Elizabeth Copeland via electronic service
8827 Vista Springs via certified mail, return receipt requested
Spring, Texas 77379 via USPS first-class mail
elizabethpaytekendrick@gmail.com
Ms. Elizabeth Copeland via certified mail, return receipt requested
14655 Champion Forest Drive, Suite 1803 via USPS first-class mail
Houston, Texas 77069
/s/ Beth Watkins
Beth Watkins
3