Tarris L. Woods v. Sandra T. Kenner and Charles E. Twymon, Jr.

• Court: Court of Appeals of Texas
• Decided: May 14, 2015
• Docket: 01-14-01029-CV
• Status: Published

Opinion

ACCEPTED 01-14-01029-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 5/14/2015 7:27:30 PM CHRISTOPHER PRINE CLERK

NO. 01-14-01029-CV

TARRIS WOODS FILED IN 1st COURT OF APPEALS APPELLANT HOUSTON, TEXAS 5/14/2015 7:27:30 PM V. CHRISTOPHER A. PRINE Clerk SANDRA T. KENNER AND CHARLES E. TWYMON, JR.

APPELLEE

_______________________________________

Appellant=s Second Motion to Extend Time to file Appellant=s Brief _______________________________________

TO THE HONORABLE JUSTICES OF SAID COURT:

NOW COMES Appellant, is Tarris Woods, asks the Court to

extend the time to file his Brief.

A. Introduction

1. Appellant is Tarris Woods; Apellees are Sandra T.

Kenner and Charles E. Twymon, Jr.

2. No rules provides a deadline to file this motion

to extend. See Tex. R. App. P. 38.6(d)

3. Appellees are Sandra T. Kenner and Charles E. Twymon,

Jr., and it is unknown if one, both or either are opposed to

this motion.

B. Argument & Authorities

4. The Court has the authority under Texas Rule of Appellate

Procedure 38.6 (d) to extend the time to file Appellant=s Brief.

5. Appellant=s Brief was due on May 14, 2015. 6. Appellant request an additional 30 days to file

Appellant=s Brief extending the time until June 14, 2015.

7. One extension has been granted to extend the time to

file Appellant=s Brief.

8. Appellant has a pending motion to reconsider the

increase in appellant’s bond amount which is awaiting on the

trial court’s determination on a lesser amount. The Appellant had

posted a significant bond with the Court and only after the

objection of the Appellee and upon hearing, the Court increased

the bond amount by more than three (3) times. That determination

has created a significant financial burden on the Appellant.

9. The current amount of the security required will cause

the judgment debtor substantial economic harm if, after notice

to all parties and a hearing, the court finds that posting a

bond, deposit, or security in the amount required by the order

is likely to cause the judgment debtor substantial economic

harm.

10. This is further shown that on April 27, 2015, the

appellee, Sandra T. Kenner, filed her Original Petition in

County Court at law number three (3) in Galveston County Texas

against the Appellant.

C. Conclusion

11. Appellant=s request an additional 30 days to file Appellant=s Brief extending the time until June 14, 2015.

D. Prayer

12. For these reasons, Appellant=s asks the Court to grant

an extension of time to file Appellant=s Brief until June 14,

2015.

Respectfully submitted,

__/S/_Douglas T. Godinich _ Douglas T. Godinich Texas Bar No 24007244 2727 Broadway Galveston, Texas 77550 Tel: (409) 763-2454 Fax: (409) 763-4309 Attorney for Appellant Tarris Woods

Certificate of Conference

I certify that I have conferred with Thomas W. McQuage by

telephone and Mr. McQuage is opposed to Appellant’s Motion.

_/S/ Douglas T Godinich_ ___ Douglas T. Godinich Certificate of Service

A copy of this notice is being filed with the appellate

clerk in accordance with rule 25.1(e) of the Texas Rules of

Civil Procedure. I certify that a true copy of this Motion to

Extend Time to File Appellant=s Brief was served in accordance

with rule 9.5 of the Texas Rules of Appellate Procedure on each

party or the attorney for such party indicated below by method

indicated.

_/s/ Douglas T. Godinich ______ Douglas T. Godinich

By FAX TRANSMITTAL Thomas W. McQuage P.O. Box 16894 Galveston, Texas 77552 TEL: 409-762-1104 mcquage@swbell.net