James D. Branch, II v. Elizabeth Marlene Branch

• Court: Court of Appeals of Texas
• Decided: October 5, 2015
• Docket: 12-15-00120-CV
• Status: Published

Opinion

ACCEPTED 12-15-00120-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 10/5/2015 7:01:22 PM Pam Estes CLERK

NO. 12-15-001220-CV

James D. Branch § In the Court of Appeals FILED IN § 12th COURT OF APPEALS TYLER, TEXAS vs. § 12th Court of Appeals 10/5/2015 7:01:22 PM § PAM ESTES Elizabeth Marlene Branch § Tyler, Texas Clerk

MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF

TO THE HONORABLE JUSTICES OF SAID COURT:

Now comes James D. Branch~ III Appellant in the above styled and

numbered cause~ and moves this Court to grant an extension of time to file

appellant's brief~ pursuant to Rule 38.6 of the Texas Rules of Appellate

Procedure~ and for good cause shows the following:

1. This case is on appeal from the County Court at Lawl of Anderson

County~ Texas.

2. The case below was styled James D. Branch, II. V. Elizabeth

Marlene Branch and numbered 11821.

3. A Judgement was granted against Appellant.

4. Notice of appeal was given timely.

5. The clerk's record has been previously filed; the reporter's record

was filed on September 81 2015.

7. The appellate brief was due on October 81 20151 but because

counsel has been in extended trials and has been ilt counsel has not had the

l!P a g e time or opportunity to prepare and file Appellant's brief.

8. Appellant requests an extension of time of 30 days from the date

of October 5, 2015, i.e. November 4, 2015.

9. Appellant relies on the following facts as good cause for the

requested extension:

Counsel for Appellant has been inundated with trials and hearings, and

has been sick, and has been unable to properly prepare appellant's brief, and

needs more time to do so.

WHEREFORE, PREMISES CONSIDERED, Appellant prays that this

Court grant this Motion To Extend Time to File Appellant's Brief, and for such

other and further relief as the Court may deem appropriate.

Respectfully submitted,

Cargill & Associates 701 N. Elm Street Palestine, Texas 75801 Tel: (903) 729-8011 Fax: (903) 729-5112

sy:~u)¥ Mark W. Cargill State Bar No. 00787201 cargillaw@earthlink.net Attorney for James Branch

2 1P age CERTIFICATE OF SERVICE

This is to certify that on October 5, 2015, a true and correct copy of the

above and foregoing document was served on Lynn Markham by fax.

31 Page STATE OF TEXAS § § COUNTY OF HOUSTON §

AFFIDAVIT

BEFORE ME, the undersigned authority, on this day personally

appeared Mark W. Cargill, who after being duly sworn stated:

"I am the attorney for the appellant in the above numbered and

entitled cause. I have read the foregoing Motion To Extend Time

to File Appellant's Brief and swear that all of the allegations of fact

contained therein are true and correct."

Mark W. Cargill Affiant

SUBSCRIBED AND SWORN TO BEFORE ME on ltJ/U . 2015, to certify which witness my hand and seal of office.

4 1P age