in the Matter of the Marriage of Lorena Aldana and Jose Aldana

Opinion

ACCEPTED 14-15-00741-cv FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 9/21/2015 7:35:45 PM CHRISTOPHER PRINE CLERK

NO. 14-00741-CV

__________________________________________ FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS COURT OF APPEALS FOR THE FOURTEENTH 9/21/2015 7:35:45 PM CHRISTOPHER A. PRINE DISTRICT OF TEXAS Clerk HOUSTON, TEXAS __________________________________________

IN THE MATTER OF THE MARRIAGE OF LORENA ALDANA AND JOSE ALDANA

___________________________________________ ON APPEAL FROM ORDERS OF THE 312TH DISTRICT COURT HARRIS COUNTY, TEXAS

APPELLANT’S MOTION FOR EXTENSION OF TIME TO PAY FOR COURT REPORTER’S RECORD

TO THE HONORABLE FOURTEENTH COURT OF APPEALS:

Appellant, Jose Aldana (“Aldana”), by and through his attorney of record and files this,

his Motion for Extension of Time to Pay for Court Reporter’s Record. In support thereof, Aldana

would respectfully show this Honorable Court as follows:

I.

Appellant, Aldana respectfully requests the Court to extend the deadline for Motion for

Extension of Time to Pay for Court Reporter’s Record from January 21, 2015 to March 01, 2014

or thirty days after this Court enters an order on Appellant’s Motion to Dismiss and Motion to

Strike Appellants’ Brief. Under the TEX. R. APP. P. 10.5(b), Appellant would respectfully show

as follows:

1. The deadline for filing the Appellant’s Motion for Extension of Time to Pay for

Court Reporter’s Record is September 21, 2015.

2. Appellant seeks an extension of time to pay for Court Reporter’s Record to October

30, 2015 or thirty days after the 312th District Court in Harris County enters an order

on Appellant’s Motion Reconsideration.

3. The following facts were reasonably relied upon for the need of an extension to pay

for Court Reporter’s Record and are stated with personal knowledge of the

undersigned counsel:

a. Appellant, Jose Aldana, has filed with the 312th District Court in Harris

County on August 28, 2015 a Motion for Reconsideration, which has not yet

been ruled on or heard. Furthermore, Appellant’s have a hearing set on this

Motion for Reconsideration on September 23, 2015 at 09:00 a.m. Therefore,

since hearings, rulings, and orders are still pending in the lower court,

Appellant requests an extension of time to pay for the court reporter’s record.

4. No previous extensions have either been filed or granted in this case by Appellant.

5. This request is not made for undue delay but only so that justice may be served.

6. The undersigned counsel does not believe the Appellee will oppose this motion.

II.

Appellant requests that this Honorable Court grant Appellant’s Motion to Extend Time to

File Appellant’s Brief from September 21, 2015 to October 30, 2015 or thirty days from when

the 312th District Court in Harris County Court enters an order on Appellant’s Motion for

Reconsideration.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant, Jose Aldana, requests that

this Court grant Appellant’s Motion to Extend Time to Pay for Court Reporter’s Record.

Respectfully submitted,

LUNA & ASSOCIATES

By: /s/ Briseida M. Luna ____________ Briseida M. Luna Texas Bar No. 24070184 2425 West Loop South Suite 200 Houston, Texas 77027 Tel. (713) 364-6510 Fax. (713) 581-1016 bluna@lunalawassociates.com ATTORNEYS FOR APPELLANT/ JOSE ALDANA

CERTIFICATE OF CONFERENCE

As required by the Texas Rules of Appellate Procedure 10.1(a)(5), I certify that on

September 18, 2015, I made a reasonable attempt to confer, with all parties listed below about

the merits of this motion with the following results:

Mr. Carl Selesky, Attorney for Appellee

Opposes motion

Does not oppose motion

Agrees with motion

Would not say whether motion is opposed

X Did not return my message regarding the motion

/s/ Briseida M. Luna Briseida M. Luna ATTORNEY FOR APPELLANT September 21, 2015

CERTIFICATE OF SERVICE

As required by the Texas Rules of Appellate Procedure 6.3 and 9.5(b), (d), (e) I certify

that a true and correct copy of this document was on all attorneys and parties of record on this

the 21st day of September 2015 which are listed below as follows:

SELESKY LAW FIRM

Carl Selesky

5225 Katy Freeway, Ste. 605

Houston, Texas 77007

713-­‐782-­‐5226 (Fax)

Attorney for Appellee, Lorena Aldana

/s/ Briseida M. Luna Briseida M. Luna ATTORNEY FOR APPELLANT September 21, 2015