Ramiro and Edna Ramos, and Federico Salazar, Jr. v. the Unknown Heirs of Tomasa Gonzalez and Narciso Gonzalez

Opinion

ACCEPTED

04-14-00667-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

6/30/2015 3:17:43 PM

KEITH HOTTLE

CLERK

CAUSE NUMBER 04-14-667-CV _____________________________ FILED IN 4th COURT OF APPEALS

SAN ANTONIO, TEXAS

RAMIRO AND EDNA RAMOS AND 06/30/2015 3:17:43 PM FEDERICO SALAZAR, JR., APPELLANTS KEITH E. HOTTLE Clerk

V.

THE UNKNOWN HEIRS OF

TOMASA GONZALEZ AND

NARCISO GONZALEZ, APPELLEES

____________________________

IN THE FOURTH COURT OF APPEALS SAN ANTONIO TEXAS

_____________________________

ON APPEAL FROM THE

st

381 JUDICIAL DISTRICT COURT TRIAL CAUSE NO. DC-09-559 HON. J. MANUEL BANALES,

PRESIDING JUDGE

____________________________

THE APPELLEES’ FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE THEIR BRIEF

________________________________

TO THE HONORABLE JUSTICES OF SAID COURT:

The Appellees motion this Court for an extension of time to file their Brief and, in support hereof, show the following:

I. DEADLINE

The Appellees’ Brief was due on or before 5:00 PM, 29 June. As of the moment this Motion was filed, no submission date has been scheduled.

II. LENGTH OF TIME SOUGHT FOR EXTENSION The undersigned motions for an Order of this Court allowing for an extension of time to file the Appellees’ Brief to on or before 5:00 PM, Friday, 3 July 2015.

III. THE FACTS IN SUPPORT OF THIS MOTION He was unable to timely-file the Appellees’ Brief because he appreciated at about 3:00 PM on 29 June, as he was proof-reading his penultimate draft, that his laptop and/or USB drive had apparently become infected with some sort of a virus that either prevented him from accessing downloaded material in one or both, or prevented him from editing the same, thereby causing him to have to spend more needed and valuable time to quickly deliver them both for inspection and repairs, and then, on another laptop, basically have to start all over from memory and conduct a second review for cases, authorities, etc., he could recall having located.

IV. NUMBER OF EXTENSIONS.

This is the Appellees’ first extension Motion.

V. CONFERENCE WITH THE

APPELLANTS’ APPELLATE COUNSEL

Fortuitously, however, the undersigned had previously spoken to the Appellants’ lead appellate counsel, Mr. Keith P. Miller, about the possibility of asking for a short extension of time (albeit for a different basis), and Mr. Miller graciously notified him that he would have no opposition to a short extension, were the same to be necessary.

Based on the foregoing facts, the undersigned motions this Court for an Order allowing for an extension of time to file the Appellees’ Brief to on or before 5:00 PM, Friday, 3 July 2015.

Respectfully Submitted By:

____ / JOHN A. OLSON/ ________

JOHN A. OLSON

Tex. Bar No. 15274750

20634 Creek River

San Antonio TX 78259-2084 210-307-0336 Office

210-858-6780 Fax

jaolson_ccda@yahoo.com

CERTIFICATE OF SERVICE

A copy of this FIRST UNOPPOSED MOTION, etc., was sent on 30 June 2015 to the Appellants’ appellate counsel, Mr. Kenneth P. Miller and Ms. Megan C. Kucera, C/O Miller & Kucera, 10500 Heritage Blvd., Suite 107, San Antonio TX 78216 by email and first class mail.

___ /JOHN A. OLSON/ ________

JOHN A. OLSON

jaolson_ccda@yahoo.com