State ( 2015 )

ACCEPTED
01-15-00784-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
10/29/2015 3:38:48 PM
CHRISTOPHER PRINE
CLERK
No. 01-15-00784-CV
________________________________________________________________________
FILED IN
IN THE FIRST COURT OF APPEALS 1st COURT OF APPEALS
HOUSTON, TEXAS
HOUSTON, TEXAS
10/29/2015 3:38:48 PM
________________________________________________________________________
CHRISTOPHER A. PRINE
Clerk
In the Interest of E.S.R.
________________________________________________________________________
On Appeal from the Probate Court No. 4
Cause No. I-218340, Hon. Christine Butts, Presiding
________________________________________________________________________
UNOPPOSED MOTION FOR EXTENSION OF
TIME TO FILE APPELLANT’S BRIEF
________________________________________________________________________
E.S.R., Appellant, respectfully files this Unopposed Motion for an Extension of
Time to File Appellee’s Brief and in support respectfully states as follows:
1. The Probate Court No. 4 of Harris County, Texas entered Judgment and
Order to Administer Psychoactive Medication in this case on September 3, 2015.
2. Appellant filed his notice of appeal on September 8, 2015.
3. On September 14, 2015, Teresa Scardino was discharged as Attorney of
Record for E.S.R., and Michael Scott Thomas was substituted in as Attorney of Record
for E.S.R.
4. The Clerk’s Record was filed on September 10, 2015. The Supplemental
Clerk’s Record was filed on September 22, 2015.
5. The Reporter’s Record was due to be filed on September 18, 2015. On
September 22, 2015, the Court Reporter’s request for an extension of time to file the
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reporter’s record was granted. The Reporter’s Record was filed on October 12, 2015.
6. The Appellant’s Brief was originally due on November 2, 2015. Appellant
filed its Motion for Extension of Time to File Appellant’s Brief and Appellant’s Brief on
October 30, 2015.
7. The Appellant respectfully requests that the Court grant a 14-day extension
of time for filing its brief, that is, until and including November 16, 2015. Appellant
needs this extension of time because the undersigned appellate counsel for Appellant has
and will be required to devote substantial time to the following matters in addition to
other case responsibilities before the brief is due:
a. Counsel for Appellant was in jury trial in Cause No. 419,853, In the
Estate of Aaron Johnson, Jr., Probate Court No. 2; Harris County, Texas on
October 1-13, 2015; and
b. Appellant would show that his counsel has been scheduled for the
Mental Health Docket, Probate Court No. 4, Harris County, Texas, for the period
of October 29, 2015-November 9, 2015. Counsel for Appellant is representing
approximately over one hundred individuals who have been involuntarily
committed to psychiatric facilities at various hospitals throughout Harris County,
Texas.
8. Because of the above-referenced commitments, Appellant’s counsel will
have insufficient time to devote to preparation of the brief before the November 2, 2015
deadline.
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9. Counsel for Appellant has consulted with the Counsel for Appellee, and he
does not oppose this motion.
10. This motion is not being brought for delay, but so that justice may be done.
Dated: October 29, 2015
Respectfully submitted,
THOMAS & WILLIAMS, L.L.P.
/s/ Michael Scott Thomas_____________________
MICHAEL SCOTT THOMAS
State Bar No. 19861200
2626 S. Loop West, Suite 561
Houston, Texas 77054
(713) 665-8558
(713) 665-8562-Facsimile
mstlawyer@aol.com
ATTORNEYS FOR APPELLANT
CERTIFICATE OF CONFERENCE
The undersigned spoke to Attorney Keith Toler, Counsel for Appellee, on October
27, 2015, and he is unopposed to the relief requested in this Motion.
/s/ Michael Scott Thomas_____________________
MICHAEL SCOTT THOMAS
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument was served
at Keith.Toler@cao.hctx.net to Mr. Keith A. Toler, Assistant County Attorney, 1019
Congress, 15th Floor, Houston, Texas 77002 on the ___day of October, 2015.
/s/ Michael Scott Thomas_____________________
MICHAEL SCOTT THOMAS
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