Mark Thompson, Sr. v. Karen Smith ( 2015 )

ACCEPTED
01-15-00010-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
5/1/2015 11:40:26 AM
CHRISTOPHER PRINE
CLERK
No. 01–15–00010–CV
IN THE
FILED IN
1st COURT OF APPEALS
FIRST COURT OF APPEALS HOUSTON, TEXAS
5/1/2015 11:40:26 AM
AT HOUSTON CHRISTOPHER A. PRINE
Clerk
________________________
Mark THOMPSON, SR.,
Appellant,
v.
Karen SMITH,
Appellee.
________________________
On Appeal from the 246th District Court of
Harris County, Texas
Trial Court Cause No. 2013–03434
MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF
TO THE HONORABLE JUDGES OF THE FIRST COURT OF
APPEALS:
NOW COMES Appellee, Karen Smith (“Smith”), and files this Motion to
Extend Time to File Appellee’s Brief pursuant to Rules 10.5(b) and 38.6(d) of the
Texas Rules of Appellate Procedure. Smith respectfully requests that this Court
grant her additional time to file her brief, and would show in support of her request
the following:
ARGUMENT AND AUTHORITY
1. There is no specific deadline to file this motion to extend. See Tex.
R. App. P. 38.6 (d).
2. The Court has the authority under Tex. R. App. P. 38.6(d) to
extend the time to file a brief.
3. Smith’s brief is currently due on May 8, 2015.
4. Smith requests an additional 31 days to file her brief, extending the
time until June 8, 2015.
5. Smith needs additional time to file her brief because counsel for Smith
has had several matters to prepare for and try between the time Appellant brief was
filed and Smith’s current deadline. This, in conjunction with the routine matters
that counsel for Smith attends to on a daily basis, is preventing counsel for Smith
from being able to fully prepare Appellee’s brief by the May 8, 2015 deadline.
6. This extension is not sought for delay but so that justice may be done.
Smith seeks this extension so that she may prepare a thorough and well-developed
brief to aid this Court in its analysis of the issue.
7. This is Smith’s first request for extension of time to file her brief.
PRAYER
For these reasons, Smith prays that this Court grant her request for an
extension of time to file her brief until June 8, 2015.
Respectfully Submitted,
BUTEL & PICKETT, PLLC
________________________
G. Troy Pickett
Texas Bar No. 24072757
William A. Scheel
Texas Bar No. 24075025
2222 Bissonnet, Ste. 203
Houston, Texas 77005
Tel.: 713–589–7140
Fax: 713–589–7141
email: gtpservice@butelpickett.com
ATTORNEY FOR APPELLEE
CERTIFICATE OF SERVICE
I certify that a true copy of the foregoing was served in accordance with
rule 9.5 of the Texas Rules of Appellate Procedure on each party or that
party's lead counsel via e-service on May 1, 2015:
Party: Mark Thompson, Sr.
Lead attorney: Nida C. Wood
Address of service: 1330 Post Oak Boulevard, Suite 1800
Houston, Texas 77056
_____________________
G. Troy Pickett
Attorney for Appellee