in the Interest of M.A.B., IV, a Child ( 2015 )

ACCEPTED
01-15-00388
FIRST COURT OF APPEALS
HOUSTON, TEXAS
6/2/2015 4:45:49 PM
CHRISTOPHER PRINE
CLERK
NO. 01-15-00388-CV
FILED IN
1st COURT OF APPEALS
IN THE COURT OF APPEALS HOUSTON, TEXAS
FOR THE FIRST JUDICIAL DISTRICT6/2/2015 4:45:49 PM
OF TEXAS AT HOUSTON CHRISTOPHER A. PRINE
Clerk
IN THE INTEREST OF
M.A.B., IV
M.A.B, JR.,
APPELLANT
VS.
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES,
APPELLEE
ON APPEAL FROM THE 314TH
DISTRICT COURT OF HARRIS COUNTY, TEXAS
TRIAL COURT CAUSE NO. 2014-00044J
UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE APPELLANT’S BRIEF
COMES NOW, WILLIAM B. CONNOLLY, Appellate Counsel and Attorney
for Appellant, M.A.B., JR., and files this his Unopposed Motion for Extension of
Time to File Appellant’s Brief and in support thereof would respectfully show the
Court the following:
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I.
UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE APPELLANT’S BRIEF
Appellant’s Brief is due on June 2, 2015. Appellant’s Counsel requires an
additional period of time to prepare Appellant’s Brief and requests this Court to grant
an unopposed extension of time for him to file the Brief. In support of this Motion,
Appellant’s Counsel would show that he has not previously been able to adequately
prepare the Brief in this cause. Appellant’s Counsel would show that his office has
been short staffed for the past few weeks as his legal assistant was diagnosed with a
sudden onset debilitating disease and has left his employment on permanent
disability. Appellant’s associate attorney was also out of the office on personal leave
for her wedding out of the city.
In addition, since the date the Clerk’s Record was filed, Appellant’s counsel
has had 24 court appearances, including two (2) final trials, home visits to abused and
neglected children in their placements, including one out of town visit, one mediation,
several office conferences, prepared a Motion for Rehearing for a juvenile proceeding
in the Fourteenth Court of Appeals and has responded to a Mandamus Petition in the
First Court of Appeals.
In addition, Appellant has filed a Motion to Abate seeking a remand for an
evidentiary hearing on Appellant’s claim of ineffective assistance of counsel. If the
Court grants the Motion, Appellant requests that the Court issue a timetable for the
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hearing, the filing of the supplemental record and briefing deadlines.
No previous extensions have been requested by Appellant’s counsel to file the
Brief and no extensions have been granted. Appellant requests that Court grant his
Unopposed Motion for Extension of Time to File Appellant’s Brief and that the Brief
due date be included in the Order related to Appellant’s Motion to Abate Appeal.
II.
PRAYER
WHEREFORE PREMISES CONSIDERED, Appellant prays that this Court
grant this Unopposed Motion for Extension of Time to File Appellant’s Brief.
Appellant prays for general relief.
Respectfully submitted,
CONNOLLY & SHIREMAN, LLP
/s/William B. Connolly
William B. Connolly
State Bar No. 04702400
2930 Revere, Suite 300
Houston, Texas 77098
Telephone (713) 520-5757
Facsimile (713) 520-6644
wbc@conlawfirm.com
ATTORNEY FOR M.A.B., JR.
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CERTIFICATE OF CONFERENCE
As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I
have conferred, or made a reasonable attempt to confer, with all other parties —
which are listed below — about the merits of this Motion with the following results:
Sandra Hachem, Attorney for TDFPS:
G opposes motion
X does not oppose motion
G agrees with motion
G would not say whether motion is opposed
G did not return my message regarding the motion
/s/William B. Connolly
William B. Connolly
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing Unopposed Motion for
Extension of Time to File Appellant’s Brief was forwarded to:
Sandra Hachem, Assisstant County Attorney, 1019 Congress, 17th Floor,
Houston, Texas 77002 – via facsimile (713) 437-4700 and e-mail
Sandra.Hachem@cao.hctx.net;
on this the 2nd day of June, 2015.
/s/William B. Connolly
William B. Connolly
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