ACCEPTED 05-14-00920-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 1/5/2015 10:49:58 PM LISA MATZ CLERK
IN THE FIFTH DISTRICT COURT OF APPEALS 5th COURT FILED IN OF APPEALS DALLAS, TEXAS GEORGE ALLEN COURTS BUILDING 1/5/2015 10:49:58 PM 600 COMMERCE STEET 2Nn FLOOR LISA MATZ DALLAS, TEXAS 75202 Clerk
RODRICK SAMPLES
vs. THE DALLAS COUNTY SPECIAL CIVIL SERVICE COMMISSION, THE DALLAS COUNTY CIVIL SERVICE COMMISSION, AND DALLAS COUNTY
TRIAL COURT NUMBER DC12-11245 IN THE 160T" DISTRICT COURT OF DALLAS COUNTY, TEXAS
FIFTH DISTRICT COURT OF APPEALS NUMBER 05-14-00920-CV
APPELLANT'S MOTION FOR LEAVE TO EXTEND TIME TO FILE BRIEF
John Weddle Wyde and Associates 10100 North Central Expressway, Suite 590 Dallas, Texas 75231 214-521-9100 214-521-9130 (Facsimile) weddleslaw@att.net ATIORNEY FOR APPELLANT TO THE HONORABLE JUDGES OF THE 518 COURT OF APPEALS
Comes now Rodrick Samples, Appellant, and files this his Motion to Amend time to file
Appellant's brief in the above styled and numbered cause of action pursuant to Texas Rules of
Appellate Procedure, Rule 38.6(d) and for cause would show the Court as follows:
This case was originally heard in the l 601h District Court of Dallas County, Texas in
Rodrick Samples vs. the Dallas County Special Civil Service Commission, the Dallas County
Civil Service Commission and Dallas County in Cause Number DC 12-11245. The Court entered
a final order dated April 14, 2014, at a time when neither Plaintiff nor counsel for Plaintiff were
present.
Appellant's brief was originally due on October 15, 2014, but Appellant believes he has
been granted two extensions of time to file his brief but it has become confusing due to numerous
returned briefs due to failure to comply with the requirements for things like insuring the brief
could be scanned, had proper book marks and complied with the border width and length, and
other technical problems caused by using software that had worked in the past but apparently will
no longer produce an acceptable brief. Appellant has attached as Exhibit "A" a copy of the
Courts record of the various attempts to file the brief and the notices that something was not
correct so the Court can see that the failure to file was not due to a lack of diligence but rather a
lack of understanding of the new filing requirements.
The latest brief was filed on December 24, 2014, in response to a directive to make yet
another correction by the 25 1h. Prior to that A correction was required to be filed by the 191h of
December, a Friday, but due to a computer scanning problem was not filed until December 22,
the following Monday. On January 2, 2015, Appellant understood that the Brief was finally
APPELLANT'S MOTION FOR LEAVE TO EXTEND TIME TO FILE BRIEF PAGE 1 correctly done and filed, however it was not accompanied by a Motion to Extend the time to File
and Appellant was given ten days to file the Motion. Due to complications from surgery Counsel
has not been in a position to quickly respond to some of the requests, however believes the only
deadline missed was the December 19•h deadline.
On January 5, shortly after midnight, the Motion was filed and the Motion was rejected,
again for failing to comply with the technical requirements of thee-filing system, despite using a
draft that was accepted earlier. Once again, the Motion has been completely re-typed and using
the newly purchased software is being sent late Monday night. Counsel expects to be at the
hospital for most if not all of the next few days and therefore again is filing without being able to
discuss the matter with opposing counsel (see Certificate of Conference below).
By going through the process of completely re-creating the document it is hoped that
whatever the error is will be eliminated and this version will be acceptable.
Wherefore Premises Considered, Appellant requests that the Court grant his motion to
Extend the time to file his brief 'Until the file date of the Brief that is currently in the possession of
the Clerk of the Court, assuming that it is filed in compliance with the Court's requirements and
is acceptable for filing. This Motion is being filed as a result of the lack of technical ability on
the part of counsel and is not made for purposes of delay, but rather so that justice may be done.
Respectfully submitted,
Wyde and Associates 10100 Noerh Central Expressway, Suite 590 Dallas, Texas 75231 214-521-9100 214-521-9130 (facsimile) weddleslaw@att.net
APPELLANT'S MOTION FOR LEAVE TO EXTEND TIME TO FILE BRIEF PAGE 2 Isl John Weddle ATTORNEY FOR APPELLANT
CERTIFICATE OF SERVICE
This will certify that a true and correct copy of the foregoing brief was sent to the Attorney of record for Appellee by notice through the Court of Appeals e-mail system.
Isl John Weddle
CERTIFICATE OF CONFERENCE
This will certify that Counsel for Appellant did not receive the message that he had to file a Motion to Extend the time for filing his brief until after hours on Friday, January 2, 20 l 5, after hours. Because of Complications from surgery, counsel may not be available during the week of January 5,2015, and therefor filed his motion early Monday moving before leaving for his medical appointment. Counsel was allowed to return home on Monday, but again after hours so was in no position to confer with opposing Counsel before the required re-filing of his Motion. It is assumed that opposing counsel's client will object to the Motion.
APPELLANT'S MOTION FOR LEAVE TO EXTEND TIME TO FILE BRIEF PAGE 3 EXHIBIT "A" file:///C:/2014 Pending Files/Samples/Case Detail.I
CASE: 05-14-00920-CV DATE FILED: 07/16/2014
CASE TYPE: RESTRICTED APPEAL
STYLE: RODRICK SAMPLES
V.: THE DALLAS COUNTY SPECIAL CIVIL SERVICE COMM ISSION. ET A.
ORIG PROC: NO
TRANSFER FROM:
TRANSFER IN:
TRANSFER CASE:
TRANSFER TO:
TRANSFER OUT:
PUB SERVICE:
APPELLATE BRIEFS
DATE I EVENTTYP~ IDESCRIPTION -1 DOCUMENT
APPELLANT'S AMENDED BRIEF ( PDF/1 .26 MB ] 12/24/2014 AMENDED BRIEF RECEIVED APPELLANT NOTICE ( PDF/96 KB]
11/20/2014 BRIEF FILED - ORAL ARGUMENT REQUESTED APPELLANT APPELLANT BRIEF I PDF/16.11 MB I
11/ 19/2014 BRIEF RECEIVED - ORAL ARGUMENT REQUESTED APPELLANT
11/18/2014 BRIEF WAS NOT FILED APPELLANT NOTICE I PDF/71 KB I
CAS E EVENT S
DATE EVENT TYPE DESCRIPTION DISPOSITION DOCUMENT
APPELLANT'S AM ENDED BRIEF
AMENDED BRIEF I PDF/1.26 MB I 12/24/2014 APPELLANT RECEIVED NOTICE
I PDF/96 KB I
CORREffiD NOTICE 12/22/2014 BRIEF APPELLANT REQUESTED f PDF/85 KB I
12/20/2014 APPELLEES BRIEF DUE 12/19/2014 AMENDED BRIEF DUE APPELLANT MOTION FOR NOTICE 12/15/2014 MOTION OR WRIT EXTENSION OF TIME TO APPELLEE GRANTED ( PDF/94 KB I FILE BRIEF DISPOSED
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APPELLEE NOTICE O F
APPEARANCE 12/12/2014 NOTICE FILED APPELLEE I PDF/122 KB)
APPELLEE'S MOTIO N FOR MOTION FOR EXTENSION ON BRIEF 12/12/2014 EXTENSION OF TIME TO APPELLEE FILE BRIEF FILED I PDF/255 KB)
NOTICE CORRECTED BRIEF 12/09/2014 CIVIL REQUESTED I PDF/90 KB I
11/26/2014 APPELLANTS BRIEF DUE
BRIEF FILED - ORAL APPELLANT BRIEF 11 /20/2014 APPELLANT ARGUMENT REQUESTED ( PDF/16.11 MB)
ORDER GRANTING APPELLANT MOTION EXTEND TIME FILE BRIEF MOTION OR WRIT 11/20/2014 ORDER ENTERED APPELLANT I PDF/41 KB I GRANTED NOTICE
Free access — add to your briefcase to read the full text and ask questions with AI
ACCEPTED 05-14-00920-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 1/5/2015 10:49:58 PM LISA MATZ CLERK
IN THE FIFTH DISTRICT COURT OF APPEALS 5th COURT FILED IN OF APPEALS DALLAS, TEXAS GEORGE ALLEN COURTS BUILDING 1/5/2015 10:49:58 PM 600 COMMERCE STEET 2Nn FLOOR LISA MATZ DALLAS, TEXAS 75202 Clerk
RODRICK SAMPLES
vs. THE DALLAS COUNTY SPECIAL CIVIL SERVICE COMMISSION, THE DALLAS COUNTY CIVIL SERVICE COMMISSION, AND DALLAS COUNTY
TRIAL COURT NUMBER DC12-11245 IN THE 160T" DISTRICT COURT OF DALLAS COUNTY, TEXAS
FIFTH DISTRICT COURT OF APPEALS NUMBER 05-14-00920-CV
APPELLANT'S MOTION FOR LEAVE TO EXTEND TIME TO FILE BRIEF
John Weddle Wyde and Associates 10100 North Central Expressway, Suite 590 Dallas, Texas 75231 214-521-9100 214-521-9130 (Facsimile) weddleslaw@att.net ATIORNEY FOR APPELLANT TO THE HONORABLE JUDGES OF THE 518 COURT OF APPEALS
Comes now Rodrick Samples, Appellant, and files this his Motion to Amend time to file
Appellant's brief in the above styled and numbered cause of action pursuant to Texas Rules of
Appellate Procedure, Rule 38.6(d) and for cause would show the Court as follows:
This case was originally heard in the l 601h District Court of Dallas County, Texas in
Rodrick Samples vs. the Dallas County Special Civil Service Commission, the Dallas County
Civil Service Commission and Dallas County in Cause Number DC 12-11245. The Court entered
a final order dated April 14, 2014, at a time when neither Plaintiff nor counsel for Plaintiff were
present.
Appellant's brief was originally due on October 15, 2014, but Appellant believes he has
been granted two extensions of time to file his brief but it has become confusing due to numerous
returned briefs due to failure to comply with the requirements for things like insuring the brief
could be scanned, had proper book marks and complied with the border width and length, and
other technical problems caused by using software that had worked in the past but apparently will
no longer produce an acceptable brief. Appellant has attached as Exhibit "A" a copy of the
Courts record of the various attempts to file the brief and the notices that something was not
correct so the Court can see that the failure to file was not due to a lack of diligence but rather a
lack of understanding of the new filing requirements.
The latest brief was filed on December 24, 2014, in response to a directive to make yet
another correction by the 25 1h. Prior to that A correction was required to be filed by the 191h of
December, a Friday, but due to a computer scanning problem was not filed until December 22,
the following Monday. On January 2, 2015, Appellant understood that the Brief was finally
APPELLANT'S MOTION FOR LEAVE TO EXTEND TIME TO FILE BRIEF PAGE 1 correctly done and filed, however it was not accompanied by a Motion to Extend the time to File
and Appellant was given ten days to file the Motion. Due to complications from surgery Counsel
has not been in a position to quickly respond to some of the requests, however believes the only
deadline missed was the December 19•h deadline.
On January 5, shortly after midnight, the Motion was filed and the Motion was rejected,
again for failing to comply with the technical requirements of thee-filing system, despite using a
draft that was accepted earlier. Once again, the Motion has been completely re-typed and using
the newly purchased software is being sent late Monday night. Counsel expects to be at the
hospital for most if not all of the next few days and therefore again is filing without being able to
discuss the matter with opposing counsel (see Certificate of Conference below).
By going through the process of completely re-creating the document it is hoped that
whatever the error is will be eliminated and this version will be acceptable.
Wherefore Premises Considered, Appellant requests that the Court grant his motion to
Extend the time to file his brief 'Until the file date of the Brief that is currently in the possession of
the Clerk of the Court, assuming that it is filed in compliance with the Court's requirements and
is acceptable for filing. This Motion is being filed as a result of the lack of technical ability on
the part of counsel and is not made for purposes of delay, but rather so that justice may be done.
Respectfully submitted,
Wyde and Associates 10100 Noerh Central Expressway, Suite 590 Dallas, Texas 75231 214-521-9100 214-521-9130 (facsimile) weddleslaw@att.net
APPELLANT'S MOTION FOR LEAVE TO EXTEND TIME TO FILE BRIEF PAGE 2 Isl John Weddle ATTORNEY FOR APPELLANT
CERTIFICATE OF SERVICE
This will certify that a true and correct copy of the foregoing brief was sent to the Attorney of record for Appellee by notice through the Court of Appeals e-mail system.
Isl John Weddle
CERTIFICATE OF CONFERENCE
This will certify that Counsel for Appellant did not receive the message that he had to file a Motion to Extend the time for filing his brief until after hours on Friday, January 2, 20 l 5, after hours. Because of Complications from surgery, counsel may not be available during the week of January 5,2015, and therefor filed his motion early Monday moving before leaving for his medical appointment. Counsel was allowed to return home on Monday, but again after hours so was in no position to confer with opposing Counsel before the required re-filing of his Motion. It is assumed that opposing counsel's client will object to the Motion.
APPELLANT'S MOTION FOR LEAVE TO EXTEND TIME TO FILE BRIEF PAGE 3 EXHIBIT "A" file:///C:/2014 Pending Files/Samples/Case Detail.I
CASE: 05-14-00920-CV DATE FILED: 07/16/2014
CASE TYPE: RESTRICTED APPEAL
STYLE: RODRICK SAMPLES
V.: THE DALLAS COUNTY SPECIAL CIVIL SERVICE COMM ISSION. ET A.
ORIG PROC: NO
TRANSFER FROM:
TRANSFER IN:
TRANSFER CASE:
TRANSFER TO:
TRANSFER OUT:
PUB SERVICE:
APPELLATE BRIEFS
DATE I EVENTTYP~ IDESCRIPTION -1 DOCUMENT
APPELLANT'S AMENDED BRIEF ( PDF/1 .26 MB ] 12/24/2014 AMENDED BRIEF RECEIVED APPELLANT NOTICE ( PDF/96 KB]
11/20/2014 BRIEF FILED - ORAL ARGUMENT REQUESTED APPELLANT APPELLANT BRIEF I PDF/16.11 MB I
11/ 19/2014 BRIEF RECEIVED - ORAL ARGUMENT REQUESTED APPELLANT
11/18/2014 BRIEF WAS NOT FILED APPELLANT NOTICE I PDF/71 KB I
CAS E EVENT S
DATE EVENT TYPE DESCRIPTION DISPOSITION DOCUMENT
APPELLANT'S AM ENDED BRIEF
AMENDED BRIEF I PDF/1.26 MB I 12/24/2014 APPELLANT RECEIVED NOTICE
I PDF/96 KB I
CORREffiD NOTICE 12/22/2014 BRIEF APPELLANT REQUESTED f PDF/85 KB I
12/20/2014 APPELLEES BRIEF DUE 12/19/2014 AMENDED BRIEF DUE APPELLANT MOTION FOR NOTICE 12/15/2014 MOTION OR WRIT EXTENSION OF TIME TO APPELLEE GRANTED ( PDF/94 KB I FILE BRIEF DISPOSED
of4 1/4/201 'i 10-ofi Pl\ .........,.,,, -·•"-VA,. ._ .,,,.u'-'Ult) .. l&""t'.)I JC2i&...,JCf01 '"'"d~<;; LICLcJJl,IJ
APPELLEE NOTICE O F
APPEARANCE 12/12/2014 NOTICE FILED APPELLEE I PDF/122 KB)
APPELLEE'S MOTIO N FOR MOTION FOR EXTENSION ON BRIEF 12/12/2014 EXTENSION OF TIME TO APPELLEE FILE BRIEF FILED I PDF/255 KB)
NOTICE CORRECTED BRIEF 12/09/2014 CIVIL REQUESTED I PDF/90 KB I
11/26/2014 APPELLANTS BRIEF DUE
BRIEF FILED - ORAL APPELLANT BRIEF 11 /20/2014 APPELLANT ARGUMENT REQUESTED ( PDF/16.11 MB)
ORDER GRANTING APPELLANT MOTION EXTEND TIME FILE BRIEF MOTION OR WRIT 11/20/2014 ORDER ENTERED APPELLANT I PDF/41 KB I GRANTED NOTICE
I PDF/85 KB]
BRIEF RECEIVED - ORAL 11/19/2014 APPELLANT ARGUMENT REQUESTED
NOTICE CORRECTED BRIEF 11/19/2014 APPELLANT REQUESTED I PDF/81 KB I
MOTION FOR MT EXT BRIEF FLO 11/18/2014 EXTENSION OF TIME TO FILE BRIEF FILED I PDF/1 Z3 KB I
NOTICE 11/18/2014 BRIEF WAS NOT FILED APPELLANT I PDFn1 KB]
NOTICE CORRECTED BRIEF 11/14/2014 APPELLANT REQUESTED I PDF/82 KB I
11/14/2014 APPELLANTS BRIEF DUE
MOTION FOR NOTICE MOTION OR WRIT 10/22/2014 EXTENSION OF TIME TO APPELLANT GRANTED I PDF/92 KB] FILE BRIEF DISPOSED
MOTION EXTENSION MOTION FOR APPELLANT BRIEF 10/21/2014 EXTENSION OF TIME TO APPELLANT FILE BRIEF FILED I PDF/129 KB J
10/15/2014 APPELLANTS BRIEF DUE
APE NOTICE CHANGE OF ADDRESS 09/30/2014 NOTICE FILED APPELLEE I PDF/181 KB)
CORRECTED NOTICE 09/30/2014 DOCUMENT APPELLEE I PDF/88 KB ) REQUESTED ELECTRONIC NOTICE 09/15/2014 REPORTER/RECORDERS I PDF/92 KB I RECORD FILED
of4 1/4/2015 10:06 Ptv 1....ase ueta11 file:///C:/2014 Pending Files/Samples/Case Detail.I DATE EVENT TYPE DESCRIPTION I DISPOSITION I DOCUMENT I ORDER RESTRICTED APPEAL I MOTION OR WRIT I PDF/4 0 KB I 08/27/2014 ORDER ENTERED APPELLANT GRANTED NOTICE
I PDF/85 KB l
APPELLEE RESPONSE TO MOTION 08/18/2014 RESPONSE FILED APPELLEE I PDF/2.14 MB I
CORRECTED NOTICE 08/15/2014 DOCUMENT APPELLEE REQUESTED I PDF/88 KB I
SUPPLEMENTAL CLERKS 08/15/2014 RECORD DUE
NOTICE ELECTRONIC CLERKS 08/14/2014 RECORD FILED [ PDF/91 KB]
NOTICE 08/13/2014 NO CLERKS RECORD CIVIL FILED IN CIVIL CASE I PDF/97 KB I
NO REPORTERS NOTICE 08/13/2014 RECORD FILED IN CIVIL CIVIL CASE I PDF/97 KB l
08/12/2014 RECORD DUE
APPELLANT MOTION AMEND/CHANGE APPEAL TO MOTION TO AMEND 08/06/2014 APPELLANT RESTRICTED FILED 1PDF/148 KB j
ORDER DENING APPELLANT MOTION REMAND CASE AS MOOT, DIRECTING SUPPLEMENTAL CLERK RECORD OF TRIAL COURT 07/31/2014 ORDER ENTERED APPELLANT OTHERWISE DISPOSED ORDER ON MOTION BE FILED
I PDF/42 KB]
NOTICE
DOCKETING DOCKETING STATEMENT 07/25/2014 APPELLANT STATEMENT FILED I PDF/10.71 MB]
APPELLANT MOTION REMAND MOTION FOR FOR HEARING OR OTHER 07/25/2014 EMERGENCY RELIEF APPELLANT RELIEF FILED I PDF/33.14 MS I
CORRECTED NOTICE 07/25/2014 DOCUMENT APPELLANT REQUESTED I PDF/8B KB l
CORRECTED NOTICE 07/25/2014 DOCUMENT APPELLANT REQUESTED I PDF/88 KB I
DOCKETING NOTICE 07/16/2014 CIVIL STATEMENT DUE I PDF/92 KB I
of4 1/4/?.01 °' 10·06 Pf\ DATE I EVENTTYPE I DESCRIPTION I DISPOSITION I DOCUMENT NOTICE 07/16/2014 FEE REQUESTED ( PDF/7 1 KB ]
NOTICE OF APPEAL
NOTICE OF APPEAL I PDF/2.70 MB I 07/16/2014 FILED IN COURT OF NOTICE APPEALS I PDF/ 96 KB I
NOTICE OF APPEAL 07/14/2014 FILED IN TRIAL COURT
JUDGMENT SIGNED BY 04/14/2014 TRIAL COURT JUDGE
CALENDARS
SET DATE [~l.ENDAR TYPE I REASON SET 01/12/2015 STATUS MOTION DUE 01/19/2015 STATUS APPELLEE BRIEF DUE 08/15/2014 STATUS CLERK RECORD DUE PER COURT ORDER
PARTIES
PARTY I PARTYTYPE --1 - REPRESENTATIVE - SAMPLES, RODRICK APPELLANT JOHN WEDDLE
BARBARA S. NICHOLAS THE DALLAS COUNTY SPECIAL SERVICE APPELLEE CAMILLE STEARNS MILLER COMMISSION, ET AL TAMMY JEAN ARDOLF
TRIAL COURT INFORMATION
COURT: 160TH JUDICIAL DISTRICT COURT
COUNTY: DAllAS
COURT JUDGE: HONORABLE JIM JORDAN
COURT CASE: OC12-11245
COURT REPORTER: SHARRON RANKIN
PUNISHMENT:
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