in Re Hattie Poole

• Court: Court of Appeals of Texas
• Decided: June 30, 2015
• Docket: 04-15-00383-CV
• Status: Published

Opinion

ACCEPTED 04-15-00383-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 6/30/2015 4:47:40 PM KEITH HOTTLE CLERK

NO. 04-15-00383-CV

IN Re § IN THE COURT OF APPEALS § FILED IN 4th COURT OF APPEALS HATTIE POOLE § FOURTH JUDICIALSAN DISTRICT ANTONIO, TEXAS § 06/30/2015 4:47:40 PM APPELLANT § SAN ANTONIO, TEXAS KEITH E. HOTTLE Clerk

CROSS -APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL

TO THE HONORABLE JUSTICES OF SAID COURT:

NOW COMES CROSS-APPELLANT, HATTIE POOLE, by an through her duly

appointed Attorney ad Litem CARMEN SAMANIEGO, and hereby files this motion asking the

Court to extend the time for filing Cross-Appellant's brief in this cause.

1. The case is on appeal from the Bexar County Probate Court, Number One, Bexar

County, Texas.

2. A Notice of Appeal was already filed on behalf of the Appellant through her

chosen private attorney.

3. This attorney ad litem is filing a Notice to Appeal in order to preserve the rights

of HATTIE POOLE and to ensure access to the appeals process.

4. This Court has the power to extend the time to file a notice of appeal if,

within fifteen days after the deadline for filing the notice of appeal, the

appealing party (a) files the notice of appeal in the trial court; and (b) files a

motion for extension of time in this Court that complies with Rule 10.5(b)

of the Texas Rules of Appellate Procedure. Tex. R. App. P. 26.3. A motion

for extension of time under Texas Rule of Appellate Procedure is implied

MOTION TO EXTEND TIME Page 1 of 3 when a party acting in good faith files its notice of appeal within the 15-day

period in which the appellant would have been entitled to move to extend

the filing deadline. Verbugt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997).

5. Rule 10.5(b) of the Texas Rules of Appellate Procedure requires an

appellant seeking an extension of time to explain, inter alia, “the facts

relied on to reasonably explain the need for an extension.” Tex. R. App. P.

10.5(b)(1)(C). There is an open question as to whether it is requisite for the

attorney ad litem to represent the Appellant on her appeal of an

interlocutory order sustaining a motion to show authority.

Respectfully submitted,

_____________/S___________ CARMEN SAMANIEGO Attorney at Law Tex. State Bar: 24027951 8100 Broadway, Suite 105 San Antonio, Texas 78209 Tel: 210/802-4888 Fax: 888/224-3924 attorneycarmen@me.com ATTORNEY AD LITEM FOR APPELLANT

MOTION TO EXTEND TIME Page 2 of 3 CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Motion for Extension of Time was served

this the 30th day of June 2015, in accordance with Rule 21a, Tex. R. Civ. P. upon the following

person(s):

__________/S/___________ CARMEN SAMANIEGO, Attorney ad Litem on behalf of HATTIE POOLE

Teresa Christian Tx. State Bar No. 24052879 THE CHRISTIAN LAW FIRM, PLLC 22211 IH 10 WEST, SUITE 1206 San Antonio, Texas 78257 Tel: 210/501-0722 Fax: 888/511-2049 Teresa@thechristianlawfirm.com

Mr. Bill Leighner Cavaretta, Katona & Francis, PLLC One Riverwalk Place 700 N. St. Mary’s Street, Suite 1500 San Antonio, Texas 78205 Attorney for Jeff Poole

Mr. Robert E. Golden Golden Law, P.C. Pacific Plaza, Suite 611 14100 San Pedro Avenue San Antonio, Texas 78232-4363 Attorney for Ben Marek

Mr. Ricky J. Poole Law Offices of Ricky J. Poole 8000 I.H. 10 West, Suite 1600 San Antonio, Texas 78230

MOTION TO EXTEND TIME Page 3 of 3