Miguel Zaragoza Fuentes v. Evangelina Lopez Guzman Zaragoza ( 2015 )

ACCEPTED
01-15-00818-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
12/29/2015 4:10:11 PM
CHRISTOPHER PRINE
CLERK
NO. 01-15-00818-CV
______________________________________
FILED IN
1st COURT OF APPEALS
IN THE COURT OF APPEALS HOUSTON, TEXAS
FIRST JUDICIAL DISTRICT 12/29/2015 4:10:11 PM
HOUSTON, TEXAS CHRISTOPHER A. PRINE
______________________________________ Clerk
MIGUEL ZARAGOZA FUENTES,
Appellant,
v.
EVANGELINA LOPEZ GUZMAN ZARAGOZA,
Appellee.
______________________________________
On Appeal from the 245th Judicial District Court
of Harris County, Texas
Trial Court No. 2014-30215
______________________________________
APPELLANT’S SECOND MOTION TO EXTEND TIME TO FILE BRIEF
______________________________________
TO THE HONORABLE FIRST COURT OF APPEALS:
Appellant, Miguel Zaragoza Fuentes, pursuant to Texas Rules of Appellate
Procedure 38.6(d) and 10.5(b), requests this Court to extend time to file his brief in
this cause for an additional thirty (30) days:
1. This is an appeal from an interlocutory order granting injunctions and
other temporary orders in a suit for divorce. The trial court signed the order at
issue on September 2, 2015. Appellant filed a notice of appeal on September 24,
2015.1 While the present appeal has been pending, the district court conducted a
trial on the merits in the underlying case, which occurred on November 2-5, 2015.
The district court recently signed a final judgment on December 21, 2015.
2. The reporter’s record was filed October 6, 2015. The clerk’s record
was filed October 29, 2015.
3. Appellant’s brief was originally due November 30, 2015. Appellant
filed a motion to extend time to file his brief up to and including December 30,
2015. Appellee opposed the motion and this Court granted the requested relief.
Appellant’s brief is currently due December 30, 2015.
4. When this Court granted Appellant’s motion for an extension of time
to file his brief, the Court also stated that “no futher extensions will be granted
absent exceptional circumstances.” As explained, a material circumstance has
occurred since this Court extended the brief deadline because the district court has
now signed a final judgment. Appellant’s counsel is currently evaluating whether
the signing of a final judgment in the underlying case moots the instant proceeding.
For judicial economy and related reasons, Appellant prefers to not burden the
Court and the parties with unnecessary briefing or other work if it is ultimately
determined that the case in this Court is moot.
1
Appellant alternatively requests the Court to treat this appeal as a mandamus proceeding.
See CMH Homes v. Perez, 340 S.W.3d 444, 452-53 (Tex. 2011).
2
5. This is Appellant’s second motion for extension of time to file his
brief and Appellant requests an additional thirty (30) day extension, up to and
including Friday January 29, 2016, in which to file his brief. Appellant’s counsel
is mindful of the Court’s admonishment contained in its November 30, 2015 order
granting the first extension of time, and has accordingly given this case priority.
However, counsel is of the considered opinion that the intervening entry of final
judgment is an “exceptional circumstance” justifying this second motion for
extenstion of time because it may impact this Court’s jurisdiction.
6. Appellant seeks this extension not for delay, but to allow counsel
sufficient time to determine whether this proceeding is moot, in whole or in part,
and to prepare a concise brief to assist with the Court’s decision making.
PRAYER
For the above reasons, Appellant, Miguel Zaragoza Fuentes, respectfully
requests this Court to grant an extension of time to file his brief up to and including
January 29, 2016. Appellant further requests general relief.
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Respectfully submitted,
CHAMBERLAIN, HRDLICKA, WHITE,
WILLIAMS & AUGHTRY
By: /s/ Kevin Jewell
Kevin D. Jewell
State Bar No. 00787769
1200 Smith Street, Suite 1400
Houston, Texas 77002
Telephone: (713) 658-1818
Telecopier: (713) 658-2553
ATTORNEYS FOR APPELLANT
CERTIFICATE OF CONFERENCE
The undersigned counsel for Appellant conferred with counsel for Appellee
by email on December 29, 2015 and Appellee’s counsel is opposed to the relief
sought in this motion.
/s/ Kevin Jewell
Kevin D. Jewell
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Motion to Extend Time to File Brief has
been forwarded to all parties and/or attorneys of record by the means indicated
below, on this 29th day of December, 2015:
Via electronic service:
Jeanne Caldwell McDowell
Rebekah H. Birdwell
The Law Offices of Jeanne Caldwell McDowell
603 Avondale
Houston, Texas 77006
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Via electronic service:
Mary Olga Lovett
Greenberg Traurig, L.L.P.
1000 Louisiana, Suite 1700
Houston, Texas 77002
Via electronic service:
J. Lindsey Short
Adam J. Morris
Short Carter Morris
1177 West Loop South, Suite 700
Houston, Texas 77027-9016
Via electronic service:
Stewart W. Gagnon
Fulbright & Jaworski LLP
1301 McKinney, Suite 5100
Houston, Texas 77010-3095
Via electronic service:
Ricardo L. Ramos
440 Louisiana Street, Suite 1450
Houston, Texas 77002
/s/ Kevin Jewell
Kevin D. Jewell
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