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

Opinion

ACCEPTED 04-15-00338-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 10/28/2015 12:03:08 AM KEITH HOTTLE CLERK

IN THE FOURTH COURT OF APPEALS FOR THE STATE OF TEXAS

FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS NO. 04-15-00338-CV 10/28/2015 12:03:08 AM KEITH E. HOTTLE Clerk

ARTHUR BUTCHER, Appellant, V. CITY OF SANANTONIO, THROUGH ITS AGENT, CITY PUBLIC SERVICE BOARD OF SAN ANTONIO, d/b/a CPS ENERGY, Appellee. _________________________________________ APPELLANT’S MOTION FOR EXTENSION OF TIME TO FILE AMENDED BRIEF _________________________________________

SAMUEL C. BEALE STATE BAR No.01952380 5821 SOUTHWEST FREEWAY HOUSTON, TEXAS 77057 TEL 281.664.6400 FAX 281.664.6423 ATTORNEY FOR APPELLANT ARTHUR BUTCHER

i APPELLANT’S MOTION FOR EXTENSION OF TIME TO FILE

AMENDED BRIEF

COMES NOW, ARTHUR BUTCHER, Appellant, in the above entitled and

numbered case and files this request for an extension of time to file his Amended

Appeal Brief the Court ordered to be filed not later than October 26, 2015 which

order was made on October 16, 2015. And, Appellant would respectfully show the

Court as follows:

1. From October 6, 2015 through October 21, 2015 Plaintiff’s counsel did not

have access to his Houston, Texas office and Appellant’s files due to out of town

and out of state court appearances and client transactional matter as well as a

temporary office lockout.

2. On October 13, 2015, Appellant’s counsel file an appeal brief using the

client case draft brief and partial client records available to Appellant’s counsel on

electronic medium.

3. After regaining access to Appellant’s full file, including the record in the

case below, on Sunday, October 25, 2015, Appellant’s counsel completed the

ordered corrections and updates to Appellant’s Amended Brief but not before

Appellant’s Counsel had to catch the last airplane from Houston, Texas to

i Lubbock, Texas to travel to Plains, Texas to begin a Monday morning felony

criminal trial in Cause No. 3008 in Yoakum County, Texas.

4. While in Plains, Texas, Plaintiff’s counsel had little to no internet or

telephone access until the completion of the trial on today, October 27, 2015.

Plaintiff’s counsel is presently near Lubbock, Texas and seeking to return to his

office in Houston, Texas at this time.

5. Plaintiff’s Counsel, contemporaneously with the filing of this motion, files

the conforming Appellant’s Brief.

6. Appellant respectfully requests that the Court grant a one day extension of

time to file the conforming brief because of the extenuating circumstances

preventing this Counsel from filing the brief prior to today, October 27, 2015.,

Respectfully Submitted, /S/ Samuel C. Beale SAMUEL C. BEALE STATE BAR No.01952380 5821 SOUTHWEST FREEWAY, # 416 HOUSTON, TEXAS 77057 TEL 281.664.6400 FAX 281.664.6423 ATTORNEY FOR ARTHUR BUTCHER APPELLANT

i CERIFICATE OF SERVICE On October 27, 2015 pursuant to Rule 6.3 of the Texas Rules of Appellate Procedure, a copy of the Appellants Brief was served on Appellee by efiling and a copy was served by facsimile transmission:

CHRISTINE E. REINHARD STATE BAR No. 24013389 SCHMOYER & REINHARD 17806 INTERSTATE 10 SAN ANTONIO, TEXAS 78257

/S/ Samuel C. Beale SAMUEL C. BEALE

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