Brentley Wayne Hrncirik v. Bobbye Gail Hrncirik

Opinion

ACCEPTED 2013-509,724

SEVENTH COURT OF APPEALS

AMARILLO, TEXAS 3/5/2015 3:03:38 PM

Vivian Long, Clerk

NO. 07-15-00001-CV

IN THE COURT OF APPEALS FILED IN FOR THE SEVENTH SUPREME JUDICIAL DISTRICT 7th COURT OF APPEALS

AT AMARILLO, TEXAS AMARILLO, TEXAS 3/5/2015 3:03:38 PM

BRENTLEY WAYNE HRNCIRIK § VIVIAN LONG CLERK

§

Appellant § §

v § TRIAL COURT NO. 2013-509,724 § § §

BOBBYE GAIL HRNCIRIK § §

Appellee §

MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF

TO THE HONORABLE COURT OF APPEALS:

COMES NOW, BRENTLEY WAYNE HRNCII{IK, appellant, and files this Motion for Extension of Time to file Appellant’s Brief, pursuant to TRAP 38.6(d) and would show the court as follows:

I

The deadline for filing Appellant’s Brief is March 9, 2015.

II.

No previous extension have been granted. Appellant’s attorney would request a 30 day extension to April 9, 2015. The reason Appellant needs an extension is due to the fact that on February 23, 2015, Appellant’s attorney was notified he was set number one for jury trial in Cause No. 2015-405,167, styled the State of Texas v. Valentino Casares, in the ]40uhj District Court of Lubbock County, Texas, this is a re-indictment of Cause No. 2014-401,509, which had previously been set for jury trial November 3, 2014. Due to preparation for this jury trial a necessity exists for an extension to file Appellant’s Brief.

ifi.

Appellant’s attorney is a sole- practitioner and has been diligent in his efforts to appropriately research and prepare Appellant’s Brief.

IV.

Appellant would show the Court that the actions taken by his attorney are taken in a good faith effort to promptly pursue appellant’s appeal and not for purposes of delay, and the appellee would not be harmed or prejudiced by the granting of this Motion for Extension of Time to File Appellant’s Brief.

WHEREFORE, PREMISES CONSIDERED, appellant prays that the Court grant Appellant’s Motion for Extension of Time to File Appellant’s Brief.

Respectfully submitted,

LAW OFFICE OF DAVID MARTINEZ 1663 Broadway Lubbock, TX 79401 Telephone (806) 744-1692 Telecopier (806) 744-5660 dmtzlaw@aol.com

By: /WVcwtd’Mcurttne-3’ David Martinez State Bar No. 13141650 Attorney for Appellant

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the above and foregoing Motion

for Extension of Time to file Appellant’s Brief was emailed to Ms. Bobbye Gail Hrncirik

at Bobbye.hrncirik@umchealthsystem.com

/s/Vwtd’Alailtnq’ David Martinez

CERTIFICATE OF CONFERENCE

This is to certify that on this 5th day of March, 2015 I tried contacting Ms.

Hrncirik and she was not available, a voice mail message was left to Ms. Hrncirik

regarding any objection to our filing of our motion for extension.

/s/DcwCdi Mcwttna David Martinez

CERTIFICATE OF COMPLIANCE

Pursuant to TRAP 9.4 (i) (3), undersigned Counsel certifies that this Motion for Extension of Time to File Motion Appellant’s Brief was prepared with Microsoft Office 2010, and that according to the program’s word- count, the sections covered by TRAP 9.1 (i) (3) contains 468 words.

,YVcwCd’ Ma-rttnez David Martinez