Buddy Casteel and Jaret Brandon Casteel v. Amelia Stayton

Opinion

ACCEPTED 04-15-00273-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 9/15/2015 4:21:47 PM KEITH HOTTLE CLERK

NO. 04-15-00273-CV

FILED IN IN THE FOURTH COURT OF APPEALS 4th COURT OF APPEALS SAN ANTONIO, TEXAS SAN ANTONIO, TEXAS 09/15/2015 4:21:47 PM KEITH E. HOTTLE Clerk BUDDY CASTEEL AND JARET B. CASTEEL

V.

AMELIA STAYTON AND MELISSA RAY BAUGH

APPELLANTS’ PARTIALLY OPPOSED MOTION FOR EXTENSION OF TIME TO FILE OPENING BRIEF

TO THE HONORABLE COURT OF APPEALS:

Appellants, BUDDY CASTEEL AND JARET B. CASTEEL, respectfully

present their Partially Opposed Motion for Extension of Time to file their Opening

Brief under TEX. R. APP. P. 38.6(d), and would respectfully show the Court as

follows:

I.

Although substantial progress has been made toward completion of

Appellant’s brief in this matter, the undersigned requests an additional ten (10)

days to complete the brief because of the unexpected hospitalization of his son at

Clarity Child Guidance Center. II.

The undersigned is the primary caregiver for his sons who live exclusively

with him. The undersigned’s son is treated for a mental health condition. A

medication change was made on or about Saturday, August 29, 2015. The change

did not go well and the undersigned’s son had to be picked up from school for

feeling sick as a result of the medication change on multiple occasions during the

week of August 31-September 4, 2015. On Friday, September 4, 2015,the

undersigned had to leave work and pick his son up from school and take him to a

doctor’s appointment because of the side effects of the medication.

II.

While a change in the medication was prescribed, the undersigned’s son

remained ill from the medication change and had to be kept home from school on

Wednesday, September 9, 2015. A follow up doctor’s appointment was set for

Friday, September 11, 2015. Unfortunately, the undersigned’s son’s condition

worsened on Thursday, September 10, 2015 and he again had to be picked up from

school because of the reaction to the new medication.

2 III.

Ultimately, the undersigned’s son had to be admitted as an inpatient to

Clarity Child Guidance Center at 2 a.m. on Friday, September 11, 2015. He

remains hospitalized there at this time.

IV.

Due to the hospitalization, the undersigned has been out of the office

frequently tending to his son and meeting with doctors and other mental health

professionals. The undersigned hopes his son will be discharged soon but a

discharge date has not been set at this point.

Because of these circumstances, Appellants ask this Court to extend the time

to file Appellants’ Opening Brief for ten days up to and including September 21,

2015.

VI.

This motion is not brought for purposes of delay but solely that justice may

be served.

WHEREFORE, PREMISES CONSIDERED, Appellants BUDDY

CASTEEL AND JARET B. CASTEEL ask the Court to extend the time to file

their opening brief until September 21, 2015. Appellants pray for such other relief

3 to which they may be entitled consistent with this Court’s decision.

Respectfully submitted,

/s/ Christopher J. Deeves CHRISTOPHER J. DEEVES State Bar No. 00790575

THE LAW OFFICE OF CHRISTOPHER DEEVES, P.C. 1370 Pantheon Way, Suite 110 San Antonio, Texas 78232 (210) 445-8807 (210) 501-0915 (fax) e-mail: chrisdeeves@att.net

ATTORNEY FOR APPELLANTS BUDDY CASTEEL AND JARET B. CASTEEL

4 CERTIFICATE OF CONFERENCE

The undersigned hereby certifies that he conferred with opposing counsel, Bobby Jack Rushing, who stated his client did not oppose an extension until September 11, 2015, but could not agree to a further extension of time beyond that date.

/s/ Christopher J. Deeves CHRISTOPHER J. DEEVES

CERTIFICATE OF SERVICE

This will certify that a true and correct copy of the above and foregoing document was served as indicated to the following counsel of record listed below on September 15, 2015:

Bobby Jack Rushing The Rushing Law Firm, PLLC 808 London St. Castroville, TX 78009 Via Facsimile or Electronic Service: ATTORNEY FOR APPELLEES AMELIA STAYTON