Lynne M. Jurek v. Jeffrey S. Shannon II ( 2015 )

ACCEPTED
01-15-00092-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
5/22/2015 10:13:56 AM
CHRISTOPHER PRINE
CLERK
IN THE COURT OF APPEALS
FOR THE 1ST DISTRICT, AT HOUSTON, TEXASFILED IN
CAUSE NUMBER 01-15-00092-CV 1st COURT OF APPEALS
HOUSTON, TEXAS
5/22/2015 10:13:56 AM
LYNNE M. JUREK, APPELLANT CHRISTOPHER A. PRINE
Clerk
V.
JEFFREY S. SHANNON, II, APPELLEE
Appealed from the 312TH Judicial District Court
of Harris County, Texas
MOTION TO EXTEND TIME TO FILE APPELLANT’s BRIEF
Appellant Lynne M. Jurek asks the court to extend the time to file her
Appellant’s Brief.
A. Introduction
1. Appellant is Lynne M. Jurek.; Appellee is Jeffrey S Shannon, II.
2. No rule limits the time to file this motion to extend. TRAP 38.6.
3. The parties have not agreed to this motion as Appellee has not responded to
the email correspondence sent prior to the filing of this request which is the only
method of service provided to the trial court by him.
B. Arguments and Authorities
4. The court may grant an extension of time under Texas Rule of Appellate
Procedure 38.6.
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5. The deadline to file the appellant’s brief is May 26, 2015.
6. Appellant requests an additional 30 days to file appellant’s brief, extending
the time until June 25, 2015.
5. This case is a family property division case. The only issue presented on
appeal is whether the trial court erred in finding that “the taxes on the gross
distribution of Wife’s 401K are NOT related to the employment income and do not
fall under the language in the Divorce Decree and those taxes are to be paid 100%
by the Wife.”
6. After this notice of appeal was perfected, on February 18, 2015 the the trial
court court signed an order granting a new trial of a final and appealable clarification
order it entered on October 28, 2014. Appellant filed a timely request to vacate this
order granting new trial which was filed by Appellee, claiming it was entered after
the court lost plenary power. The trial court’s hearing the request to vacate this order
is scheduled for May 27, 2015. Should the trial court refuse to vacate the order,
additional grounds will need to be presented to the appellate court, as appellant feels
that this order for new trial (which is presently scheduled for July 27, 2015 and
includes the issue on appeal herein) is a void order for which relief from this court
will need to be sought as well
7. No extension has been granted to extend the time to file appellant’s brief.
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Respectfully submitted,
THE JUREK LAW GROUP, PLLC
By: /s/Lynne M. Jurek
Lynne M. Jurek
State Bar ID Number: 11059250
Email: lmjurek@jureklaw.com
363 N. Sam Houston Parkway, E. Suite 1100
Houston, Texas 77060
Telephone: (713)230-8233
Facsimile: (713)230-8654
ATTORNEY FOR APPELLANT
CERTIFICATE OF SERVICE
I certify that on May 22, 2015 a true and correct copy of Appellant’s motion to extend time
to file appellant’s brief was served by email on Pro Se Appellee, Jeffrey S. Shannon at
jeff.rocktek@gmail.com, as trial counsel Kelly P. Joseph has informed Appellant that he is not
representing Appellee at the appellate level.
/s/Lynne M. Jurek
Lynne M. Jurek
CERTIFICATE OF CONFERENCE
I certify that on May 22, 2015 I contacted Pro Se Appellee, Jeffrey S. Shannon at
jeff.rocktek@gmail.com, to determine if he was opposed or agreeable to this motion. At the time
of this filing, I did not receive a response to same.
/s/Lynne M. Jurek
Lynne M. Jurek
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