Daniel Shoemaker v. State of Texas for the Protection of C.L. ( 2015 )

ACCEPTED
01-15-00371-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
7/31/2015 3:41:06 PM
CHRISTOPHER PRINE
CLERK
NO. 01-15-00371-CV
FILED IN
IN THE FIRST COURT OF APPEALS 1st COURT OF APPEALS
HOUSTON, TEXAS
FOR THE STATE OF TEXAS 7/31/2015 3:41:06 PM
CHRISTOPHER A. PRINE
Clerk
DANIEL SHOEMAKER
Appellant
V.
CAMILLE LATOUR
Appellee
On Appeal From County Court at Law Number Four of Travis County Texas
FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE APPELLANT’S BRIEF
CHRISTOPER BEAN & ASSOCIATES
Attorney for Appellant
Brian Buster
SBN: 24082757
Christopher Bean
SBN: 24012263
1301 S IH-35 N, Suite 105
Austin, Texas 78741
TEL: (512)-916-9956
FAX: (512)-669-5282
TRAVIS COUNTY ATTORNEY
Attorney for Appellee
Hilary L. Riley
SBN: 24013404
P.O. Box 1748
Austin, Texas 78767
TEL: (512)-854-4163
FAX: (512)-854-9570
TO THE HONORABLE FIRST COURT OF APPEALS:
1. Pursuant to TEX. R. APP. P. §10.1 and TEX. R. APP. P. §38.6(d), the Appellant, Daniel
Shoemaker, files this Unopposed First Motion to Extend Time to File Appellant’s Brief.
2. Appellant’s opening brief is currently due on August 5, 2015.
3. Counsel for Appellant requests a 30-day extension of time to file its brief, making the
brief due on September 4, 2015. This is the first request for an extension of time to file the
opening brief.
4. At this time, Counsel for Appellant is lacking many documents it needs as a result of
Appellant having to retain other Counsel in a criminal matter directly related to the civil
litigation that is being appealed in this Court. Said Counsel for the pending criminal matter is in
possession of the needed documents. Counsel for Appellant needs to have these documents
returned to them in order to write a fully developed brief. Counsel for Appellant seeks this
extension of time so that the proper materials may be acquired that will allow for the brief to
contain the information necessary to aid the Court in its analysis of the issues presented. This
request is not sought for delay but so that justice may be done.
5. The undersigned has conferred with opposing counsel, and she has indicated that she
does not oppose this motion.
6. All facts recited in this motion are within the personal knowledge of Counsel for
Appellant, therefore no verification is necessary under TEX. R. APP. P. §10.2
PRAYER FOR RELIEF
For the reasons set forth above, Appellant requests that this Court grant this Unopposed
First Motion to Extend Time to File Appellant’s Brief and extend the Deadline for Filing the
Appellant’s brief up to and including September 4, 2015. Appellant further requests that this
Court grant all other relief to which he may be justly entitled.
Respectfully submitted,
/s/ Brian Buster
Brian Buster
State Bar No. 24082757
1301 S IH-35 N, Suite 105
Austin, TX 78741
TEL: (512)-916-9956
FAX: (512)-669-5282
brian@christopherbeanlaw.com
CERTIFICATE OF CONFERENCE
I certify that I conferred with counsel for Appellee regarding this motion and that
Appellee is not opposed to this motion.
/s/ Brian Buster
Brian Buster
CERTIFICATE OF SERVICE
I certify that on this 31 day of July , 2015, a true and correct copy of this
motion was sent to opposing counsel in accordance with the Rules of Appellate Procedure.
/s/ Brian Buster
Brian Buster