Mary Lynn Kantara Gerke v. Jamil James Kantara

Opinion

ACCEPTED

01-14-00082-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

2/5/2015 2:36:39 PM

CHRISTOPHER PRINE

CLERK

NO. 01-14-00082-CV

FILED IN

1st COURT OF APPEALS

HOUSTON, TEXAS

2/5/2015 2:36:39 PM

IN THE COURT OF APPEALS CHRISTOPHER A. PRINE Clerk

FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

MARY LYNN KANTARA GERKE

V.

JAMIL “JAMES” KANTARA

APPELLEE’S MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S REPLY BRIEF

TO THE HONORABLE COURT OF APPEALS:

Appellee Jamil “James” Kantara (herein after “James”) files this Appellee’s Motion for Extension of Time to File Appellee’s Reply Brief under Texas Rules of Appellate Procedure 10.5(b) and 38.6(d). James respectfully requests a 30-day extension to file Appellee’s reply brief to Appellant’s Brief of Appellant. Appellee requests the 30-day extension begin on the first day after the latter of this Court’s

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ruling on Appellee’s Motion to Strike Brief of Appellant Filed on January 12, 2015 and this Court’s Notice To Dismiss For Want Of Jurisdiction on January 27, 2015. This is Appellee’s first request for an extension of time to file his brief.

I.

This is an appeal from an October 28, 2013 judgment signed by the Associate Judge of the 311th Judicial District Court of Harris County, Texas, denying in part Appellant’s Mary Lynn Kantara Gerke’s (hereinafter “Mary”) petition to modify parent-child relationship and granting in part Appellee’s counter-petition. On November 25, 2013, Appellant filed a motion for new trial that was overruled by operation of law and on January 24, 2014, Appellant filed a notice of appeal.

II.

An extension of time is necessary for the following reasons:

1. On December 9, 2014, Mary filed her Appellant’s Brief pro se.

2. On January 7, 2015, James filed Jamil “James” Kantara’s Reply Brief.

3. On January 12, 2015, Ms. Tomlinson, attorney for Mary, filed Brief of Appellant. This court notified Appellee, Appellee’s brief was due on February 11, 2015.

4. On January 16, 2015, James filed Appellee’s Motion to Strike Brief of Appellant Filed on January 12, 2015.

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5. On January 22, 2015, Mary filed Appellant’s Motion Requesting the Court to Order Appellant’s Attorney to Rebrief Her Case.

6. On January 23, 2015, Ms. Tomlinson filed her Response to Appellee’s Motion to Strike Brief of Appellant.

7. On January 23, 2015, James filed Appellee’s Response to Appellant’s Response to Appellee’s Motion to Strike Brief of Appellant.

8. On January 27, 2015, this Court issued its Notice To Dismiss For Want Of Jurisdiction unless a response is received by February 10, 2015.

III.

Accordingly, Appellee requests a 30-day extension of time to file Appellee’s reply brief after this Court rules on Appellee’s Motion to Strike Brief of Appellant Filed on January 12, 2015 and this Court’s Notice To Dismiss For Want Of Jurisdiction filed on January 27, 2014. This Motion is not filed for the purpose of delay but so that Appellee can determine whether an Appellee’s brief is warranted at this time.

IV.

For these reasons, Appellee Jamil “James” Kantara respectfully requests that the Court grant this motion and extend the time for filing his reply brief.

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Respectfully submitted,

Wilfried P. Schmitz & Associates, P.C.

/s/ Wilfried Schmitz

BY: _________________________ Wilfried P. Schmitz

Texas Bar No. 17778700

17040 El Camino Real, Suite 400 Houston, Texas 77058

Phone: (281) 486-5066

Email: Court_Documents@schmitzlaw.com Attorney for Jamil “James” Kantara

CERTIFICATE OF CONFERENCE In accordance with Rule 10.1(a)(5) of the Texas Rules of Appellate Procedure, I certify that I contacted counsel concerning the filing of this Appellee’s Motion For Extension Of Time To File Appellee’s Reply Brief. The undersigned has not yet received a reply and cannot state at this time whether counsel is unopposed.

/s/ Wilfried Schmitz

Wilfried P. Schmitz

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CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing Appellee’s Motion For Extension Of Time To File Appellee’s Reply Brief has this 5th day of February, 2015, been sent pursuant to T.R.A.P. 9.5 (b)(1) by electronic mail, to the following:

Ashley Tomlinson

1800 Saint James Place, Suite 620 Houston, TX 77056

eserviceavt@dalefamilylaw.com

Douglas York

3355 W. Alabama, Suite 100 Houston, Texas 77098

york@douglasyork.com via E-File

/s/ Wilfried Schmitz

Wilfried P. Schmitz