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

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

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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