Tarris L. Woods v. Sandra T. Kenner and Charles E. Twymon, Jr. ( 2015 )

ACCEPTED
01-14-01029-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
5/14/2015 7:27:30 PM
CHRISTOPHER PRINE
CLERK
NO. 01-14-01029-CV
TARRIS WOODS
FILED IN
1st COURT OF APPEALS
APPELLANT HOUSTON, TEXAS
5/14/2015 7:27:30 PM
V. CHRISTOPHER A. PRINE
Clerk
SANDRA T. KENNER AND CHARLES E. TWYMON, JR.
APPELLEE
_______________________________________
Appellant=s Second Motion to Extend Time to file
Appellant=s Brief
_______________________________________
TO THE HONORABLE JUSTICES OF SAID COURT:
NOW COMES Appellant, is Tarris Woods, asks the Court to
extend the time to file his Brief.
A. Introduction
1. Appellant is Tarris Woods; Apellees are Sandra T.
Kenner and Charles E. Twymon, Jr.
2. No rules provides a deadline to file this motion
to extend. See Tex. R. App. P. 38.6(d)
3. Appellees are Sandra T. Kenner and Charles E. Twymon,
Jr., and it is unknown if one, both or either are opposed to
this motion.
B. Argument & Authorities
4. The Court has the authority under Texas Rule of Appellate
Procedure 38.6 (d) to extend the time to file Appellant=s Brief.
5. Appellant=s Brief was due on May 14, 2015.
6. Appellant request an additional 30 days to file
Appellant=s Brief extending the time until June 14, 2015.
7. One extension has been granted to extend the time to
file Appellant=s Brief.
8. Appellant has a pending motion to reconsider the
increase in appellant’s bond amount which is awaiting on the
trial court’s determination on a lesser amount. The Appellant had
posted a significant bond with the Court and only after the
objection of the Appellee and upon hearing, the Court increased
the bond amount by more than three (3) times. That determination
has created a significant financial burden on the Appellant.
9. The current amount of the security required will cause
the judgment debtor substantial economic harm if, after notice
to all parties and a hearing, the court finds that posting a
bond, deposit, or security in the amount required by the order
is likely to cause the judgment debtor substantial economic
harm.
10. This is further shown that on April 27, 2015, the
appellee, Sandra T. Kenner, filed her Original Petition in
County Court at law number three (3) in Galveston County Texas
against the Appellant.
C. Conclusion
11. Appellant=s request an additional 30 days to file
Appellant=s Brief extending the time until June 14, 2015.
D. Prayer
12. For these reasons, Appellant=s asks the Court to grant
an extension of time to file Appellant=s Brief until June 14,
2015.
Respectfully submitted,
__/S/_Douglas T. Godinich _
Douglas T. Godinich
Texas Bar No 24007244
2727 Broadway
Galveston, Texas 77550
Tel: (409) 763-2454
Fax: (409) 763-4309
Attorney for Appellant Tarris
Woods
Certificate of Conference
I certify that I have conferred with Thomas W. McQuage by
telephone and Mr. McQuage is opposed to Appellant’s Motion.
_/S/ Douglas T Godinich_ ___
Douglas T. Godinich
Certificate of Service
A copy of this notice is being filed with the appellate
clerk in accordance with rule 25.1(e) of the Texas Rules of
Civil Procedure. I certify that a true copy of this Motion to
Extend Time to File Appellant=s Brief was served in accordance
with rule 9.5 of the Texas Rules of Appellate Procedure on each
party or the attorney for such party indicated below by method
indicated.
_/s/ Douglas T. Godinich ______
Douglas T. Godinich
By FAX TRANSMITTAL
Thomas W. McQuage
P.O. Box 16894
Galveston, Texas 77552
TEL: 409-762-1104
mcquage@swbell.net