Tedde R. Blunck v. Cathy A. Blunck ( 2015 )

ACCEPTED 03-15-00128-CV 5171627 THIRD COURT OF APPEALS AUSTIN, TEXAS 5/6/2015 11:21:26 AM JEFFREY D. KYLE CLERK CAUSE NUMBER 03-15-00128-CV FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS IN THE COURT OF APPEALS 5/6/2015 11:21:26 AM FOR THE JEFFREY D. KYLE THIRD COURT OF APPEALS DISTRICT Clerk AUSTIN, TEXAS TEDDE R. BLUNCK, Appellant, V. CATHY A. BLUNCK, Appellee. ON APPEAL FROM THE 22ND DISTRICT COURT, HAYS COUNTY, TEXAS TRIAL COURT CAUSE NO. 11-1217 APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF TEDDE R. BLUNCK, PRO SE 502 QUITMAN STREET P O BOX 1152 PITTSBURG, TEXAS 75686 TELEPHONE: (903) 855-8460 TELECOPIER: (903) 855-8465 E-MAIL: TBLUNCK@YAHOO.COM Identity of Parties and Counsel Appellant/Petitioner: Petitioner/Appellant’s Appellate Counsel: Tedde R. Blunck, Pro Se 502 Quitman Street P O Box 1152 Pittsburg, Texas 75686 Telephone: (903) 855-8460 Telecopier: (903) 855-8465 E-mail: tblunck@yahoo.com Appellee/Respondent: Respondent/Appellee’s Appellate Counsel: Mr. Karl E. Hays State Bar No. 09307050 Law Office of Karl E. Hays, PLLC 2101 South Highway 35, Suite 210 Austin, Texas 78741 Telephone: (512) 476-1911 Telecopier: (512) 476-1904 E-mail: Service@haysfamilylaw.com Appellant’s First Motion for Extension of Time to File Brief Page 2 of 5 TO THE HONORABLE THIRD COURT OF APPEALS: Pursuant to TEX. R. APP. P. 10.1 and 38.6(d), the Appellant Tedde R. Blunck, files this First Motion to Extend Time to File Appellant’s Brief. It is presumed that the extension is opposed as counsel for Appellee has not responded to Appellant’s request. Appellant’s opening brief is currently due on May 8, 2015. Appellant requests a 31-day extension of time to file its brief, making the brief due on June 8, 2015. This is the first request for extension of time to file the opening brief. Appellant relies on the following reasons, in addition to the routine matters that Appellant as a practicing attorney must attend to in daily practice, to explain the need for the requested extension: Appellant has been spending a great deal of time with urgent matters caused by the untimely death of a client’s father. Appellant, as a solo practicing attorney, has primary responsibility in the following lawsuits which involve complex issues and significant time in research: Complicated partition proceedings involving the sale of rural real estate complicated by language in a Will being probated and Guardianship proceedings for benefit of a minor named in the Will as the beneficiary of the Will with respect to the land being partitioned and sold. Appellant recently lost his ability to perform legal research on line during the period from when the Court Reporter’s Record was filed and when the Brief is due. There was a substantial period of time when Appellant was unable to perform legal research on line and there are no law libraries within a reasonable distance to allow the research necessary to prepare the brief. The service has now been restored. Appellant seeks this extension of time to be able to prepare a cogent and succinct brief to aid this Court in its analysis of the issues presented. This request is not sought for delay but so that justice may be done. Appellant’s First Motion for Extension of Time to File Brief Page 3 of 5 The undersigned has attempted to confer with opposing counsel, and he has not responded. It is therefore presumed that he does oppose this motion. All facts recited in this motion are within the personal knowledge of the Appellant signing this motion, therefore, no verification is necessary under Rule of Appellate Procedure 10.2. PRAYER FOR RELIEF For the reasons set forth above, Appellant requests that this Court grant this First Motion to Extend Time to File Appellant’s Brief and extend the Deadline for Filing the Appellant’s Brief up to and including June 8, 2015. Appellant requests all other relief to which it may be entitled. Respectfully submitted, ____________________________________ Tedde R. Blunck 502 Quitman Street P O Box 1152 Pittsburg, Texas 75686 Telephone: (903) 855-8460 Telecopier: (903) 855-8465 E-mail: tblunck@yahoo.com Pro Se Appellant’s First Motion for Extension of Time to File Brief Page 4 of 5 CERTIFICATE OF CONFERENCE Pursuant to Tex. R. App. P. 10.1(5), I certify that I conferred with counsel for Appellee regarding this motion and that Appellee is opposed to this motion. Tedde R. Blunck CERTIFICATE OF SERVICE Pursuant to Tex. R. App. P. 9.5, I certify that on May 6, 2015 I served a copy of this motion by e-service to the following counsel: Mr. Karl E. Hays State Bar No. 09307050 Law Office of Karl E. Hays, PLLC 2101 South Highway 35, Suite 210 Austin, Texas 78741 Telephone: (512) 476-1911 Telecopier: (512) 476-1904 E-mail: service@haysfamilylaw.com Counsel for Appellee Tedde R. Blunck Appellant’s First Motion for Extension of Time to File Brief Page 5 of 5