Stanley Freeman v. Sumiko Freeman ( 2015 )

ACCEPTED
04-15-00453-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
11/2/2015 9:57:49 AM
KEITH HOTTLE
CLERK
NO. 04-15-00453-CV
IN THE COURT OF APPEALS FILED IN
4th COURT OF APPEALS
SAN ANTONIO, TEXAS
FOR THE 11/2/2015 9:57:49 AM
KEITH E. HOTTLE
FOURTH IUDICIAL DISTRICT Clerk
OF TEXAS, SAN ANTONIO
**************************************************************
STANLEY FREEMAN, APPELLANT
VS.
SUMIKO FREEMAN, APPELLEE
***>1<***>(<*>1=*****>1<************=l<>X<>I<**>|==l<********=k>!<>!<>I<=k**>1<=k>1=*****>k***
MOTION FOR EXTENSION OF TIME TO FILE BRIEF
*>k**>k*=I<>1<*=11=11311******>I=**$***>1<**=1<**********>1<*******$****$**>1<****>1<*
LAW OFFICES OF ANTHONY W. WALLUK
ANTHONY W. WALLUK
StateBar No. 20796100
111 Soledad, Suite 300
San Antonio, Texas 78205
awa11uk1aw@h0tmai1.c0m
Telephone No.: (210) 226-4384
Telecopier No.2 (210) 226-4526
TO: Fourth Appellate District Clerk
Fourth Court of Appeals
San Antonio, Texas
Petitioner does hereby make timely written request to the Clerk for an extension
of time to file Appellant's Brief, and in support thereof, shows as follows:
A. The current deadline for filing the Appellants Brief is today November 2, 2015;
B. Petitioner herewith seeks an extension of time until November 9, 2015 under
TRAP 38.6 (d);
C. Petitioner relies on the facts set forth below to explain the need for an extension:
1. Counsel set aside last Friday and today in order to finalize and prepare the brief
for e-filing. In critically reviewing the argument in the brief, counsel and has become aware
of an additional possible point of error which now requires additional research.
2. While it is possible that the brief can be ready today, it is unlikely. Counsel is a
one person office and should extensive redrafting, reformatting of the formal sections of
the appeal brief etc. be required as anticipated, the brief would have to be rushed into final
,
form. If it becomes possible, the brief would be filed today as presently scheduled.
3. Should the time required for finalization of the brief extend beyond today,
November 2, 2015, counsel would not be able to complete it as a minimum until Thursday
November 5, 2015 at the earliest due to prescheduled conflicts.
4. Approval of the extension for November
2015, an extension of seven days,
9,
would allow sufficient time to ensure the product properly fulfills counsel’s responsibility
to both the Court and to Appellant to provide the most complete possible brief of the facts
and law. Should the seven day extension be denied, an extension of three days until
November 5, 2015 is alternatively requested.
D. There have been no previous extensions granted for the filing of this Appellant’s
brief. 1 prior request for an extension was denied as moot because it was untimely.
E. This appeal involves a motion for enforcement of a divorce decree, originally
filed in the 285“ District Court in Bexar County Texas, and signed by District Judge Janet
Littlejohn on March 29, 2010. The order being appealed was signed by District Judge Larry
Noll on April 21, 2015, 2013.
F. The cause number for the original case was 98 CI-13915, and the style of the case
THE MATTER OF THE MARRIAGE OF SUMIKO FREEMAN AND STANLEY
was IN
FREEMAN.
This request is made not for delay but only to afford the opportunity to present an
appropriate, complete brief. Appellant has exercised due diligence in pursuing this appeal
The Honorable Clerk of this Court is requested, therefore, pursuant to the
provisions of the Texas Rules of Appellate Procedure, to authorize an extension of 7 days
as requested until November 9, 2015, to allow the filing of the Appellant's brief.
CERTIFICATE OF CONFERENCE
Counsel for Appellant has conferred with counsel for the Appellee regarding the
foregoing motion this morning and Counsel for Appellee has stated that he does not object
to this motion for extension of time.
Respectfully submitted,
LAW OFFICES OF ANTHONY W. WALLUK
\.
``
No. 20796100
lll Soledad, Suite 300
San Antonio, Texas 78205
(210) 226-4384
Telecopier: (210) 226-4526
Certificate of Service
I certify that a true copy of this motion was served in accordance with rule 95 of
the Texas Rules of Appellate Procedure on each party or that party's lead counsel as follows:
Party: SUMIKO FREEMAN
Lead attorney: GARY BEAHM
Address of service: 3003 N.W. Loop 410, Suite 205 78230
Method of service: fax 210-340-1346
Date of service: November 2, 2015.