Daniel Shoemaker v. State of Texas for the Protection of C.L.

• Court: Court of Appeals of Texas
• Decided: July 31, 2015
• Docket: 01-15-00371-CV
• Status: Published

Opinion

ACCEPTED 01-15-00371-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 7/31/2015 3:41:06 PM CHRISTOPHER PRINE CLERK

NO. 01-15-00371-CV

FILED IN IN THE FIRST COURT OF APPEALS 1st COURT OF APPEALS HOUSTON, TEXAS FOR THE STATE OF TEXAS 7/31/2015 3:41:06 PM CHRISTOPHER A. PRINE Clerk

DANIEL SHOEMAKER Appellant V.

CAMILLE LATOUR Appellee

On Appeal From County Court at Law Number Four of Travis County Texas

FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF

CHRISTOPER BEAN & ASSOCIATES Attorney for Appellant

Brian Buster SBN: 24082757 Christopher Bean SBN: 24012263 1301 S IH-35 N, Suite 105 Austin, Texas 78741 TEL: (512)-916-9956 FAX: (512)-669-5282

TRAVIS COUNTY ATTORNEY Attorney for Appellee

Hilary L. Riley SBN: 24013404 P.O. Box 1748 Austin, Texas 78767 TEL: (512)-854-4163 FAX: (512)-854-9570 TO THE HONORABLE FIRST COURT OF APPEALS:

1. Pursuant to TEX. R. APP. P. §10.1 and TEX. R. APP. P. §38.6(d), the Appellant, Daniel

Shoemaker, files this Unopposed First Motion to Extend Time to File Appellant’s Brief.

2. Appellant’s opening brief is currently due on August 5, 2015.

3. Counsel for Appellant requests a 30-day extension of time to file its brief, making the

brief due on September 4, 2015. This is the first request for an extension of time to file the

opening brief.

4. At this time, Counsel for Appellant is lacking many documents it needs as a result of

Appellant having to retain other Counsel in a criminal matter directly related to the civil

litigation that is being appealed in this Court. Said Counsel for the pending criminal matter is in

possession of the needed documents. Counsel for Appellant needs to have these documents

returned to them in order to write a fully developed brief. Counsel for Appellant seeks this

extension of time so that the proper materials may be acquired that will allow for the brief to

contain the information necessary to aid the Court in its analysis of the issues presented. This

request is not sought for delay but so that justice may be done.

5. The undersigned has conferred with opposing counsel, and she has indicated that she

does not oppose this motion.

6. All facts recited in this motion are within the personal knowledge of Counsel for

Appellant, therefore no verification is necessary under TEX. R. APP. P. §10.2

PRAYER FOR RELIEF

For the reasons set forth above, Appellant requests that this Court grant this Unopposed

First Motion to Extend Time to File Appellant’s Brief and extend the Deadline for Filing the Appellant’s brief up to and including September 4, 2015. Appellant further requests that this

Court grant all other relief to which he may be justly entitled.

Respectfully submitted,

/s/ Brian Buster Brian Buster State Bar No. 24082757 1301 S IH-35 N, Suite 105 Austin, TX 78741 TEL: (512)-916-9956 FAX: (512)-669-5282 brian@christopherbeanlaw.com

CERTIFICATE OF CONFERENCE

I certify that I conferred with counsel for Appellee regarding this motion and that Appellee is not opposed to this motion.

/s/ Brian Buster Brian Buster

CERTIFICATE OF SERVICE

I certify that on this 31 day of July , 2015, a true and correct copy of this motion was sent to opposing counsel in accordance with the Rules of Appellate Procedure.