in the Matter of the Marriage of Steven W. Ard and Marsha Ard-Phillips

Opinion

ACCEPTED 14-14-00808-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 12/28/2014 4:28:31 PM CHRISTOPHER PRINE CLERK

No. 14-14-00808-CV

FILED IN MARSHA ARD-PHILLIPS § IN THE FOURTEENTH 14th COURT OF APPEALS Appellant, § HOUSTON, TEXAS 12/29/2014 8:37:00 AM v. § COURTCHRISTOPHER OF APPEALS A. PRINE STEVEN W. ARD, § Clerk

Appellee. § HOUSTON, TEXAS

APPELLANT’S OPPOSED MOTION FOR EXTENSION

Marsha Ard-Phillips, Appellant, files this motion to extend

deadline for filing the appellate record and would show the Court the

following:

Introduction

1. Appellate filed an Affidavit of Indigence on Oct 7, 2014.

2. The trial court signed an order sustaining contests heard on Oct. 22,

2014.

3. Appellant filed a Texas Access to Justice Foundation Affidavit of

Indigence with certificate on Nov 3, 2014.

4. There is no deadline for filing this motion.

Appellant’s Motion for Extension - December 27, 2014

1 Motion

5. Appellant requested the district clerk’s and court reporters’ records

in writing on October 13th, 2014, November 6th, 2014 and the

court reporters’ again on December 17th, 2014.

6. The district clerk’s record and the court reporters’ records and

exhibits in the 312th and 269th Judicial District Courts are

necessary to decide the issues on appeal.

7. Appellant is financially unable to comply with Tex. R. App.P.

§35.3(a)(2) and (b)(3), to pay for the records and has not been able

to secure arrangements for payment of these appellate records.

8. Appellant requests a 30 day extension of the appellate record filing

deadline until January 28th, 2014. Tex. R. App. P.

§10.5(b)(1)(A)(B)

Summary of Argument

9. Appellant has made attempts to obtain the appellate records, has

been unable to pay for the records, and requests more time for

doing so.

10. No extension has been previously requested or granted for

Appellant’s request. Tex. R. App. P. §10.5(b)(1)(D)

2 11. Appellant requests more time to make payment arrangements for

the appellate record.

Conclusion

12. Appellant is unable to comply with the filing of the appellate record

deadline at this time. Appellant requests a 30 day extension of the

deadline for securing payment arrangements and filing the

appellate record.

Prayer

13. Appellant seeks an extension of 30 days of the deadline for filing

the appellate record. Appellant requests all relief in law or in

equity that Appellant may be justly entitled.

Respectfully submitted, Marsha Phillips /s/ pro se State bar No.: 00789548 12407 N Mopac Expwy Suite 250-210, Austin, TX 78758 (512) 520-5990 Fax (866) 519-3974 phillipslaw@marshaphillips.com

Certificate of Conference I certify that I have conferred with Allan Cease by faxed letter dated December 22nd, 2014 and in a December 23rd, 2014 e-mail. He stated he is opposed to Appellant’s Motion. Marsha Phillips /s/

3 Certificate of Compliance I certify that this document was produced on a computer using Microsoft Word 2010 and contains 312 words, (525 all inclusive) as determined by the computer software's word-count function, excluding the sections of the document listed in Tex. R. App. Proc. 9.4(i)(1). Marsha Phillips /s/

Certificate of Service I certify that a true copy of the Appellant’s Motion for Extension was served in accordance with Tex. R. App. Proc. 9.6 on each party or that party’s lead counsel as follows: party: Steven Ard, counsel: Mr. Allan A. Cease, allancease@comcast.net 56 Sugar Creek Center, Blvd., Suite 300, Sugar Land, TX 77478, phone (281) 980- 0909. Method of Service: eFileTexas.gov. Date of Service: December 28th, 2014. Marsha Phillips /s/