Aaron Chevalier v. W.M. Roberson

• Court: Court of Appeals of Texas
• Decided: July 23, 2015
• Docket: 01-15-00225-CV
• Status: Published

Opinion

ACCEPTED 01-15-00225-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 7/23/2015 12:52:02 PM CHRISTOPHER PRINE CLERK

NO. 01-15-00225-CV

IN THE FIRST COURT OF APPEALS FILED IN HOUSTON, TEXAS 1st COURT OF APPEALS HOUSTON, TEXAS 7/23/2015 12:52:02 PM AARON CHEVALIER, CHRISTOPHER A. PRINE Clerk Appellant, V.

WM ROBERSON,

Appellee.

FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT/APPELLEE’S BRIEF

ON APPEAL FROM CAUSE NO. 1058132 COUNTY CIVIL COURT AT LAW NO. ONE HARRIS COUNTY, TEXAS TO THE HONORABLE FOURTEENTH COURT OF APPEALS:

Pursuant to TEX. R. APP. P. 10.1 and 38.6(d), the Appellant, Aaron Chevalier

name, files this Unopposed First Motion to Extend Time to File Appellant’s Brief.

Appellant’s opening brief is currently due on July 23, 2015.

Counsel for Appellant requests a 30-day extension of time to file its brief, making

the brief due on August 24, 2015. This is the first request for extension of time to file the

opening brief.

Counsel for Appellee relies on the following reasons, in addition to the routine

matters that counsel must attend to in daily practice, counsel for Appellee requests an

extension on the grounds that Counsel for Appellee has been ill since July 18, 2015 and is

currently still ill. As a solo practitioner, Counsel does not have assistance from other

attorneys to finalize the brief. In addition, Counsel for Appellee has a primary

responsibility in the lawsuit under Cause No. 35,752; Custom Care Remodeling, LLC v.

Linda Lee Ellegan, In the 21st Judicial District Court of Washington County, Texas which

has extensive discovery due within the next 20 days, which counsel has been spending a

great deal of time on. Counsel represents the Defendant in that case. In addition,

Counsel will need to request a supplemental trial court record as it doesn’t appear that all

of the items on Appellant’s timely designation where included in the record.

Counsel for Appellee 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. The undersigned has emailed Appellee to determine if he was opposed to the

motion. Appellee has not responded to Appellant.

All facts recited in this motion are within the personal knowledge of the counsel

signing this motion, therefore no verification is necessary under Rule of Appellate

Procedure 10.2.

PRAYER FOR RELIEF

For the reasons set forth above, Appellee 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 August 24, 2015 and grant

Appellant all other relief to which it may be entitled.

Respectfully submitted,

______________________ Nasischa Anderson State Bar No.: 24031700 1811 Bering Dr., Suite 300 Houston, Texas 77057 Telephone: (281) 652-5579 Facsimile: (832) 201-7354 ATTORNEY FOR MOVANT Counsel for Appellant CERTIFICATE OF CONFERENCE

I certify that I have made a reasonable attempt to confer with Appellee but

Appellee has not responded. I have been unable to confer with Appellant.

Nasischa Anderson

CERTIFICATE OF SERVICE

I certify that on July 23, 2015, I mailed a copy of this motion to the following

counsel by First Class U.S. Mail to:

WM Roberson P.O. Box 842583 Houston, Texas 77284-2583