Barbara Regina Schlein v. Anthony Griffin

Opinion

ACCEPTED 01-14-0799-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 2/11/2015 4:09:14 PM CHRISTOPHER PRINE CLERK

NO. 01-14-00799CV FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS IN THE COURT OF APPEALS 2/11/2015 4:09:14 PM CHRISTOPHER A. PRINE Clerk FOR THE FIRST DISTRICT OF TEXAS

HOUSTON, TEXAS

BARBARA SCHLEIN, Appellant-Cross-Appellee, V.

ANTHONY P. GRIFFIN, Appellee/Cross- Appellant.

Appeal from the County Court at Law, No. 2 Galveston County, Texas Trial Court Cause No. CV0069481

APPELLEE/CROSS-APPELLANT’S, ANTHONY P. GRIFFIN, UNOPPOSED MOTION TO FILE BRIEF OUT-OF-TIME

TO THE HONORABLE JUSTICES FOR THE FIRST COURT OF APPEALS:

Appellee/Cross-Appellant, Anthony P. Griffin, submits this his brief

on cross-appeal (filed with this motion), and request the Court to allow the

brief to be filed out-of-time. Appellee/Cross-Appellant would show unto the

Court as follows:

1. The brief in this matter is past due. The due date on the filing of

1 Appellant’s brief was January 23, 2015; in that Appellee has filed a

cross-appeal and stands, in part, before this Court as a Cross-

Appellant, his initial brief is also was due on said date.

2. The parties have filed two previous motions to extend, Cross-

Appellant needs a few additional days to complete the briefing

(extensive record below). Cross-Appellant intended to file a third

mutual motion, prepared the same and mistakenly the motion was

not filed. All previous motions have been mutually agreed by the

parties. The intended motion was intended to be filed on Friday,

this past week, but was not filed until Monday, February 10, 2015.

In that the briefing date has past, Appellee/Cross-Appellant seeks

an extension to file until February 11, 2015.

3. The extensions have been sought because of the extensive nature

of the trial record below (some 19 volumes of the Court Reporter’s

Records) and the need to assure typographical errors were caught.

4. In consultation with opposing counsel, counsel stated opposition to

this motion. Consultation took place on February 11, 2015.

5. It is prayed this motion be granted in all parts and the brief ordered

filed.

2 DATE: February 11, 2015.

Respectfully submitted,

Toll Free: 888-388-TODD (8633) 1-6/s/ NORMA VENSO ______________________________ NORMA VENSO ATTORNEY AT LAW ATTORNEY/MEDIATOR 830 APOLLO HOUSTON, TEXAS 77058 409.789.8661 FACSIMILE NO. 281.286.9990

STATE BAR NO. 20545250

ATTORNEYS FOR APPELLEE/ CROSS-APPELLANT ANTHONY P. GRIFFIN

3 CERTIFICATE OF SERVICE

This is to certify that on this the 11th day of February, 2015, a true and

correct copy of the foregoing Appellee/Cross-Appellant’s Motion to File

Brief Out-of-Time was forwarded to opposing counsel by facsimile

transmission and regular mail (confirmation copy), to-wit:

STEPHEN H. CAGLE, JR. JOE E. LUCE GARY M. JEWELL CHRISTIAN, SMITH & JEWELL, L.L.P. 2302 FANNIN, SUITE 500 HOUSTON, TEXAS 77002

/s/ NORMA VENSO _____________________________

NORMA VENSO

c:word.griffin_anthony_[schlein_barbaral]_[appeal_folder]_appellee_motion_file_out_time