Ex Parte Muhammad Saadan Ahshan

Opinion

ACCEPTED

01-14-00815

FIRST COURT OF APPEALS

HOUSTON, TEXAS

2/10/2015 9:59:38 AM

CHRISTOPHER PRINE

CLERK

01-14-00815-CR

FILED IN

1st COURT OF APPEALS

IN THE FIRST COURT OF APPEALS AT HOUSTON,HOUSTON, TEXAS TEXAS

2/10/2015 9:59:38 AM

CHRISTOPHER A. PRINE

MUHAMMAD SAADAN AHSAN, APPELLANT Clerk

v

STATE OF TEXAS, APPELLEE

APPEALED FROM THE 182ND JUDICIAL DISTRICT COURT HARRIS COUNTY, TEXAS

EX PARTE MUHAMMAD SAADAN AHSAN

MOTION FOR CONTINUANCE

TO ALLOW BRIEFING

___/s/__Gene P. Tausk_______ Gene P. Tausk

TBN: 24003035

1221 Studewood

Houston, TX 77008

(713) 429-5476

(713) 490-3150 (fax)

gene@tauskvega.com

ATTORNEY FOR

APPELLANT,

MUHAMMAD AHSAN

01-14-00815-CR

IN THE FIRST COURT OF APPEALS AT HOUSTON, TEXAS EX PARTE MUHAMMAD SAADAN AHSAN

APPEALED FROM THE 182ND JUDICIAL DISTRICT COURT HARRIS COUNTY, TEXAS

MOTION FOR CONTINUANCE

TO ALLOW BRIEFING

TO THE HONORABLE JUDGES OF THIS COURT:

Your Appellant, Muhammad Saadan Ahsan, by and through his counsel of record, moves this Honorable Court to allow briefs to be submitted in the above styled-and-numbered cause of action.

I.

This matter is a case which was appealed from the 228th Judicial District Court, the Honorable Marc Carter presiding. The trial court case number was: 1433456.

II.

On or about October 16, 2014, this Honorable Court issued an Order of Abatement in the above styled-and-numbered cause of action. The Order of Abatement stated that this matter was abated until the clerk’s record was filed from the Trial Court. This Honorable Court stated that once the clerk’s record was filed, Appellant could file a brief within 10 days of the clerk’s record being filed.

3

III.

The Clerk’s record was filed on or about January 8, 2015. However, due to an error with his email, Your Appellant did not get notice that this record was filed. It was only when reviewing the Court’s online system to review this matter that Your Appellant noticed that the brief was due on or about January 20, 2015.

IV.

Your Appellant would ask this Honorable Court to allow Appellant to file a brief in this matter. As stated, through no fault of Appellant, Appellant did not get notice that the Clerk’s record was filed and therefore was not put “on notice” that the record was filed and therefore a brief was due. Appellant asks this Honorable Court to allow him to rectify this matter and file a brief.

V.

Appellant noticed this error on or about February 9, 2015. Appellant informs this Honorable Court that in keeping with the deadlines of the order from October 16, 2014, Appellant will have a brief ready for this court no later than February 19, 2015, which is 10 days from the date of Your Appellant discovering this error.

4

VI.

For these reasons, therefore, Movant respectfully asks this Honorable Court to allow him to brief this matter.

Respectfully submitted:

TAUSK & VEGA

____//s//_____________________ Gene P. Tausk

TBN: 24003035

1221 Studewood

Houston, TX 77008

(713) 429-5476

(713) 490-3150 (fax)

gene@tauskvega.com

ATTORNEY FOR APPELLANT,

MUHAMMAD SAADAN AHSAN

5

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing was served upon the Harris County District Attorneys’ Office by CMRRR on February 10, 2015.

/s/ Gene P. Tausk_______

Gene P. Tausk

CERTIFICATE OF COMPLIANCE I, the undersigned, state that this document contains approximately 512 words.

/s/ Gene Tausk___________