Arthur Butcher v. City of San Antonio, Acting by and Through Its Agent City Public Service Board D/B/A CPS Energy

Court of Appeals of Texas

Arthur Butcher v. City of San Antonio, Acting by and Through Its Agent City Public Service Board D/B/A CPS Energy

Court of Appeals of Texas·Decided August 10, 2015·No. 04-15-00338-CV·Published

Opinion

ACCEPTED 04-15-00338-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 8/10/2015 3:49:15 PM KEITH HOTTLE CLERK

No. 04-15-00338-CV _______________________________________________________________________ FILED IN In the Fourth Court of Appeals 4th COURT OF APPEALS SAN ANTONIO, TEXAS San Antonio, Texas 08/10/15 3:49:15 PM ________________________________________________________ KEITH E. HOTTLE Clerk Arthur Butcher,

Appellant,

City of San Antonio, Acting By and Through Its Agent City Public Service Board d/b/a CPS Energy,

Appellee, ______________________________________________

Appeal from the 408th Judicial District Court Bear County, Texas _____________________________________________

APPELLANT’S LATE FILED RESPONSE TO JULY 21, 2015 SHOW CAUSE ORDER ON MOTION FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL ___________________________________________________________

Samuel C. Beale State Bar No. 01952380 5821 Southwest Freeway, Suite 416 Houston, Texas 77057-7526 (281) 664-6400 (281) 664-6423 (facsimile)

ATTORNEY FOR ARTHUR BUTCHER

APPELLANT’S MOT FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL Page 1 No. _______________________________________________________________________

In the Fourth Court of Appeals San Antonio, Texas ________________________________________________________

Arthur Butcher,

City of San Antonio, Acting By and Through Its Agent City Public Service Board d/b/a CPS Energy,

Appellee,

Appellant’s Late Filed Response to July 21, 2015 Show Cause Order On

Motion For Extension of Time to File Notice of Appeal

Appellant Arthur Butcher, pursuant to TRAP 26.1 files this late response to the Court’s

July 21, 2015 Show Cause Order to show why Appellant did not file a Motion for Extension of

Time to File Notice of Appeal and respectfully shows the court the following:

1. Plaintiff’s Counsel has received four separate notices from this Court in this case from July 1

through July 21, 2015.

2. Plaintiff’s Counsel left his office on the afternoon of July 20, 2015 to travel to Plains, Texas

(on the New Mexico border) for a July 21, 2015 pre-trial court appearance in the 121st District

Court and was without internet connection from the end of the business day July 20, 2015 until

APPELLANT’S MOT FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL Page 2 July 22, 2015. This counsel read the Court’s July 20, 2015 notice in this case and believed that it

had read all notices received in July 21, 2015; but, mistakenly, this counsel never read the July

21, 2015 notice until reviewing the Butcher case file on today, August 10, 2015. Please excuse

this late response.

3. The Court in its July 21, 2015 Show Cause Order is in error when it states that Appellant

failed to file a Motion to Extend Time to File Appeal (see Show Cause Order dated July 21,

2015).

4. On June 2, 2015, Appellant filed his Motion to Extend Time to File Notice of Appeal in

electronic filing Envelope Number 5515777 (see Copy of ProDoceFiling 2 Filing Details

attached as Exhibit A). For your convenience a copy of the Motion is attached as Exhibit B.

5. Further, on June 3, 2015, this Court accepted Appellant’s Motion to Extend Time to File

Notice of Appeal (see this Court Clerk’s Filing Acceptance attached as Exhibit C).

THEREFORE, Appellant prays that the Court will recognize its error and withdraw is

Show Cause Order dated July 21, 2015 in this case.

Respectfully submitted,

/S/ Samuel C. Beale__ SAMUEL C. BEALE ATTORNEY FOR APPPELLANT ARTHUR BUTCHER 5821 SOUTHWEST FREEWAY, # 416 HOUSTON, TEXAS 77057 TEL: (713) 333-0505 FAX: (281) 664-6423 SBN: O1952380

APPELLANT’S MOT FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL Page 3 CERTIFICATE OF SERVICE

0n August 10, 2015 a copy of the attached Appellant’s Late Filed Response to Show Cause Order July 21, 2015 was served on Respondent’s Attorney of record by electronic filing notice to wit:

Christine Reinhard Attorney for Appellee 17806 IH West, Suite 400 San Antonio, Texas 78257

/S/ Samuel C. Beale__ Samuel C. Beale

APPELLANT’S MOT FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL Page 4

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ACCEPTED 04-15-00338-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 8/10/2015 3:49:15 PM KEITH HOTTLE CLERK

No. 04-15-00338-CV _______________________________________________________________________ FILED IN In the Fourth Court of Appeals 4th COURT OF APPEALS SAN ANTONIO, TEXAS San Antonio, Texas 08/10/15 3:49:15 PM ________________________________________________________ KEITH E. HOTTLE Clerk Arthur Butcher,

Appellant,

City of San Antonio, Acting By and Through Its Agent City Public Service Board d/b/a CPS Energy,

Appellee, ______________________________________________

Appeal from the 408th Judicial District Court Bear County, Texas _____________________________________________

APPELLANT’S LATE FILED RESPONSE TO JULY 21, 2015 SHOW CAUSE ORDER ON MOTION FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL ___________________________________________________________

Samuel C. Beale State Bar No. 01952380 5821 Southwest Freeway, Suite 416 Houston, Texas 77057-7526 (281) 664-6400 (281) 664-6423 (facsimile)

ATTORNEY FOR ARTHUR BUTCHER

APPELLANT’S MOT FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL Page 1 No. _______________________________________________________________________

In the Fourth Court of Appeals San Antonio, Texas ________________________________________________________

Arthur Butcher,

City of San Antonio, Acting By and Through Its Agent City Public Service Board d/b/a CPS Energy,

Appellee,

Appellant’s Late Filed Response to July 21, 2015 Show Cause Order On

Motion For Extension of Time to File Notice of Appeal

Appellant Arthur Butcher, pursuant to TRAP 26.1 files this late response to the Court’s

July 21, 2015 Show Cause Order to show why Appellant did not file a Motion for Extension of

Time to File Notice of Appeal and respectfully shows the court the following:

1. Plaintiff’s Counsel has received four separate notices from this Court in this case from July 1

through July 21, 2015.

2. Plaintiff’s Counsel left his office on the afternoon of July 20, 2015 to travel to Plains, Texas

(on the New Mexico border) for a July 21, 2015 pre-trial court appearance in the 121st District

Court and was without internet connection from the end of the business day July 20, 2015 until

APPELLANT’S MOT FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL Page 2 July 22, 2015. This counsel read the Court’s July 20, 2015 notice in this case and believed that it

had read all notices received in July 21, 2015; but, mistakenly, this counsel never read the July

21, 2015 notice until reviewing the Butcher case file on today, August 10, 2015. Please excuse

this late response.

3. The Court in its July 21, 2015 Show Cause Order is in error when it states that Appellant

failed to file a Motion to Extend Time to File Appeal (see Show Cause Order dated July 21,

2015).

4. On June 2, 2015, Appellant filed his Motion to Extend Time to File Notice of Appeal in

electronic filing Envelope Number 5515777 (see Copy of ProDoceFiling 2 Filing Details

attached as Exhibit A). For your convenience a copy of the Motion is attached as Exhibit B.

5. Further, on June 3, 2015, this Court accepted Appellant’s Motion to Extend Time to File

Notice of Appeal (see this Court Clerk’s Filing Acceptance attached as Exhibit C).

THEREFORE, Appellant prays that the Court will recognize its error and withdraw is

Show Cause Order dated July 21, 2015 in this case.

Respectfully submitted,

/S/ Samuel C. Beale__ SAMUEL C. BEALE ATTORNEY FOR APPPELLANT ARTHUR BUTCHER 5821 SOUTHWEST FREEWAY, # 416 HOUSTON, TEXAS 77057 TEL: (713) 333-0505 FAX: (281) 664-6423 SBN: O1952380

APPELLANT’S MOT FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL Page 3 CERTIFICATE OF SERVICE

0n August 10, 2015 a copy of the attached Appellant’s Late Filed Response to Show Cause Order July 21, 2015 was served on Respondent’s Attorney of record by electronic filing notice to wit:

Christine Reinhard Attorney for Appellee 17806 IH West, Suite 400 San Antonio, Texas 78257

/S/ Samuel C. Beale__ Samuel C. Beale

APPELLANT’S MOT FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL Page 4

Arthur Butcher v. City of San Antonio, Acting by and Through Its Agent City Public Service Board D/B/A CPS Energy, (Tex. Ct. App. 2015).

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Arthur Butcher v. City of San Antonio, Acting by and Through Its Agent City Public Service Board D/B/A CPS Energy (Arthur Butcher v. City of San Antonio, Acting by and Through Its Agent City Public Service Board D/B/A CPS Energy) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.