Stephen D. Fox, as Next Friend of C. F. and M. F. v. Mirna Azucena Alberto Perez

• Court: Court of Appeals of Texas
• Decided: February 17, 2015
• Docket: 03-14-00810-CV
• Status: Published

Opinion

ACCEPTED 03-14-00810-CV 4176513 THIRD COURT OF APPEALS AUSTIN, TEXAS 2/17/2015 1:36:56 PM JEFFREY D. KYLE CLERK No. 03-14-00810-CV

FILED IN In the Third Court of Appeals 3rd COURT OF APPEALS AUSTIN, TEXAS For the State of Texas Austin, Texas 2/17/2015 1:36:56 PM JEFFREY D. KYLE Clerk

STEPHEN D. FOX, AS NEXT FRIEND OF C.F. and M.F. Appellant

v. MIRNA AZUCENA ALBERTO PEREZ Appellee

Appeal from the 207th Judicial District Court of Comal County, Texas Cause No. C2014-1631B Honorable Dip Waldrip, Presiding

APPELLANTS' MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S BRIEF

Respectfully submitted,

TBN 07337250 P.O. Box 312104 New Braunfels, Texas 78131 (832) 245-2665 E Mail - Fox.Stephen20 11 @ gmail.com

ATTORNEY FOR APPELLANTS

Motion for Extension of Time/File Brief/ 1 TO THE HONORABLE COURT OF APPEALS:

COMES NOW, Appellants, STEPHEN D. FOX, as Next Friend of C.F. and M.F.,

and move the Court to grant a Motion for Extension of Time to File Appellants' Brief

herein, and in support thereof would show the Court the following:

1. Attorney, STEPHEN D. FOX, has been very ill during January and early

February, 2015, that has prevented him from working on Appellants' Brief.

2. Good cause exists for the granting of an Extension of Time to File Appellants'

Brief herein. Appellants' Attorney of Record, STEPHEN D. FOX, has been

very ill during January and early February, 2015, that has prevented him from

researching the law and drafting Appellant's Brief herein.

3. This Motion of not brought for purposes of delay, but that justice might be

done.

4. For the good cause as shown above, Attorney, STEPHEN D. FOX, requires at

least an additional three (3) months in which to file Appellants' Brief.

WHEREFORE, PREMISES CONSIDERED, Appellants pray that the Court grant

Appellants' Motion for Extension of Time to File Appellants' Brief herein, and for such

other and further relief, both general and special, legal and equitable, to which Attorney,

STEPHEN D. FOX, may show himself to be justly entitled.

Motion for Extension of Time/File Brief/ 2 Respectfully submitted,

Yefi£ ST~PHE~ TBN 07337250 P.O. Box 312104 New Braunfels, Texas 78131 (832) 245-2665 E Mail - Fox.Stephen20 11@ gmail.com

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document was served 75( upon all parties entitled to notice per the Texas Rules of Civil Procedure on this the /pl dayof QN~t ~15 ~ ~...

STEPH~X CERTIFICATE OF CONFERENCE

I do hereby certify that a reasonable effort has been made to resolve the dispute

without the necessity of intervention and that effort has failed~./ /<7~

~~~~fu)O STEPHE. FOX

Motion for Extension of Time/File Brief/ 3 AFFIDAVIT

STATE OF TEXAS §

§

COUNTY OF BEXAR §

BEFORE ME, the undersigned authority, on this day personally appeared

STEPHEN D. FOX, who, being by me duly sworn upon his oath did depose and say:

"My name is STEPHEN D. FOX, I am over the age of eighteen (18) years, competent to testify, I have personal knowledge of the facts stated herein, and all facts stated herein are true and correct.

I have drafted and read the foregoing Motion for Extension of Time to File Appellants' Brief and all facts stated therein are true and correct. This Motion is not brought for purposes of delay, but that justice might be done."

Further Affiant Sayeth Naught:

s-~4 STEPH D.FOX £h?)o SWORN TO AND SUBSCRIBED BEFORE ME, the undersigned authority, on

thisthe,Ll~of r ,;rr ,2015.

Not~as My Commission Expires:

Motion for Extension of Time/File Brief/ 4