Donell Smith v. Emily Berry Barnes Smith

• Court: Court of Appeals of Texas
• Decided: June 5, 2018
• Docket: 05-18-00245-CV
• Status: Published

Opinion

CASE NO. 05-18-00245-CV

5th Court of Appeals FILED: 06/05/2018 Lisa Matz, Clerk Cause No .. 0_5- 15{- OWLf5:_LV

16:18:43 IN THE MATTER OF THE MARRIAGE OF § IN THE 5-th § (Court Number) ))one_~l sr-n·.+n § Petitioner, § Vnistrict Court § County Court at Law v. § § fm·,\~ Qafr~ fu'<" nej ~M,t\r) § OFDALLASCOUNT~~~\~,A~ Responde . § § JUN 0 5 2018 MOTION TO EXTEND TIME FOR FILING APPELLANT'S BRIEF USA MI\TZ CLERK. 5th DlSlR.tCT TO THE HONORABLE COURT OF APPEALS:

- - - - - - - - - [Name], Appellant, moves this court to grant an extension of time to file Appellant's Brief, and respectfully states: . (

1. .Don..e /( · Name's] Appellant's B r i e f - - - - - - - - - - [is or was] due to be filed with this court on - 'b [date].

2. fJo11 e.__ I[ -.5f11 /t:wame] seeks a ,5 {) d ~XS [length of time, e.g. 30 day] extension of time to file Appellant's Brief, which would make Appellant's Brief due on or before 7- I~ - l

3. [Set out facts appellant is relying on to reasonably explain the need for an extension, e.g., This extension of time is necessary because lead counsel for (name of appellant) will be in trial on another case at the time this~ is due, and there are no settlement discussions going on in that case at this time. Thus, counsel will be in trial at the time the brief is due, and time constraints will make it difficult to adequately prepare the brief in this appeal. Moreover, the record in this case is very large as the appeal arises from a week-long jury trial, and the issues are complex. Therefore, additional time is needed to adequately prepare the arguments in this case].

4. [Include either the following statement if applicable: Counsel for _ _ _ _ _ _ _ _ _ _ (name of appellant) has conferred with counsel for (name of appellee), and _ _ _ _ _ _ _ __ (name of appellee) does not oppose this motion to extend time].

5. This is the , ..J t- [number of extension, e.g., first] _ _ _ _ _ _ _ _ _ extension of time [name of appellant] has sought for the filing of the Appellant's Brief.

For these reasons, [name of appellant] requests that this court render an order extending the time for filing Appellant's Brief to and including .2_- I~ ~t g " [date]. _ _ _ _ _ _ _ _ _ [Name] also requests any other relief to which ti)oe..J( 51Y!i [he or she fh or it] may be entitled. CASE NO. 05-18-00245-CV Page 2 of 2 LexisNexis(R) Forms FORM 719-150.103

Respectfully submitted,

·111;;, ~!J nyme, if any] By: ~ .~gnature] ,~frtJ~d name] - - - - - - - - - - [address] ?-fl.{- l '19- ~ 7QBphone number] _ _ _ _ _ [fax number, if any]

d..OJ'\C.I/S""t,'tb '-/3 7@ [e-mail address] Yct. "'t!)O, C,aJII--\ _ _ _ _ _ [state bar number]

Attorney for Appelle~ CERTIFICATE OF CONFERENCE This certifies that the undersigned, counsel for [name], Appellee,

[state action and outcome, e.g., conferred with Counsel for the Appellant regarding the merits of this motion, and the Appellant opposes or agrees to this motion].

[signature]

[name]

CERTIFICATE OF SERVICE This certifies that the undersigned served this motion on [name], the Appellant, by sending it to lead counsel for the Appellant, [name of lead counse~, at [address of lead counse~ by [state method of service, e.g. electronic service by transmission to an electronic filing service provider for service through the state's electronic filing manager or personal delivery or mail by depositing it in the mail prepaid and properly addressed or commercial delivery service by depositing it with the commercial delivery service prepaid and properly addressed or fax sent before 5:00 p.m. of the recipient's local time or e-mail] on _ _ _ _ _ _ _ _ _ [date].

_ _ _ _ _ _ _ _ _ _ [signature] _ _ _ _ _ _ _ _ _ _ [name]

Attorney for Appellee/Pro se

Dorsaneo, Texas Litigation Guide Copyright 2018, Matthew Bender & Company, Inc., a member of the LexisNexis Group. LexisNexis{R/ Forms FORM 719-150.103 Litigation; Motion for an Extension of Time Texas

150.103 CASE NO. 05-18-00245-CV

RECEIVED

5th Court of Appeals FILED: 06/05/2018 Lisa Matz, Clerk COURT OF APPEALS

16:15:49 - JUN 0 5 2018 LISA MATZ CLERK, 5th DISTRICT

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COURT OF APPEALS

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