Raymond Shaw v. Joseph Charles Lynch

• Court: Court of Appeals of Texas
• Decided: February 18, 2015
• Docket: 01-15-00040-CV
• Status: Published

Opinion

ACCEPTED 01-15-00040-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 2/18/2015 2:23:03 PM CHRISTOPHER PRINE CLERK

In The Court of Appeals for the First District of Texas FILED IN 1st COURT OF APPEALS ______________________ HOUSTON, TEXAS 2/18/2015 2:23:03 PM NO. 01-15-00040-CV CHRISTOPHER A. PRINE ______________________ Clerk

Raymond Shaw, Appellant

v.

Joseph Charles Lynch, Appellee __________________________________________

On Appeal from the 284th Judicial District Court Montgomery County, Texas Trial Court Cause No. 12-12-13384-CV ___________________________________________

MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF

Pursuant to Rules 38.6(d) and 10.5(b) of the Texas Rules of

Appellate Procedure, Appellant Raymond Shaw moves for a sixty (60) day

extension of the deadline to file Appellant’s Brief and in support of this

motion states as follows:

1. The first deadline for filing Appellant’s Brief is February 20,

2015.

2. Counsel for Appellant’s two lawyer firm has had and continues

to have a busy trial schedule during the first three months of 2015, including a week long trial in late January 2015. Additionally, Appellant’s

counsel did not realize until February 18, 2015 that a copy of the Clerk’s

record could not be accessed instantaneously online and thus is in the

process of obtaining the Clerk’s record in order to comply with Rule 38’s

requirement of supporting the Statement of the Case and Statement of

Facts with record references.

3. Appellant is seeking a modest sixty (60) day extension of the

deadline to April 21, 2015.

4. Appellant has not previously sought any extensions of the

deadline to file Appellant’s Brief.

Respectfully submitted,

THE GHEZZI LAW FIRM, PLLC

By: __________________________ John W. Ghezzi Texas Bar No. 00792531 32731 Egypt Lane, Suite 704 Magnolia, TX 77354 Telephone: (281) 259-4993 Facsimile: (832) 645-7612 Email: John@GhezziLawFirm.com

ATTORNEYS FOR APPELLANT RAYMOND SHAW

CERTIFICATE OF CONFERENCE

As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I have conferred, or made a reasonable attempt to confer, with all other parties which are listed below about the merits of this motion with the following results:

Heather M. Lytle, Attorney for Appellee __ opposes motion X does not oppose motion __ agrees with motion __ would not say whether motion is opposed __ did not return my message regarding the motion

____________________________ John W. Ghezzi

CERTIFICATE OF SERVICE

As required by Texas Rule of Appellate Procedure 6.3 and 9.5(b), (d), (e), I certify that I have served this document on all other parties which are listed below on February 18, 2015 as follows:

Heather M. Lytle Attorney at Law 202 Travis Street, Suite 300 Houston, TX 77002 Attorney for Appellee By: (check all that apply) ___ mail (First Class, Priority, Certified Mail) X fax X e-Service (through e-filing) ___ personal delivery / commercial delivery service