Tedde R. Blunck v. Cathy A. Blunck

• Court: Court of Appeals of Texas
• Decided: May 6, 2015
• Docket: 03-15-00128-CV
• Status: Published

Opinion

ACCEPTED 03-15-00128-CV 5171627 THIRD COURT OF APPEALS AUSTIN, TEXAS 5/6/2015 11:21:26 AM JEFFREY D. KYLE CLERK CAUSE NUMBER 03-15-00128-CV

FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS IN THE COURT OF APPEALS 5/6/2015 11:21:26 AM FOR THE JEFFREY D. KYLE THIRD COURT OF APPEALS DISTRICT Clerk AUSTIN, TEXAS

TEDDE R. BLUNCK,

Appellant, V.

CATHY A. BLUNCK,

Appellee.

ON APPEAL FROM THE 22ND DISTRICT COURT, HAYS COUNTY, TEXAS

TRIAL COURT CAUSE NO. 11-1217

APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF

TEDDE R. BLUNCK, PRO SE

502 QUITMAN STREET

P O BOX 1152

PITTSBURG, TEXAS 75686

TELEPHONE: (903) 855-8460

TELECOPIER: (903) 855-8465

E-MAIL: TBLUNCK@YAHOO.COM Identity of Parties and Counsel

Appellant/Petitioner: Petitioner/Appellant’s Appellate Counsel:

Tedde R. Blunck, Pro Se 502 Quitman Street P O Box 1152 Pittsburg, Texas 75686 Telephone: (903) 855-8460 Telecopier: (903) 855-8465 E-mail: tblunck@yahoo.com

Appellee/Respondent: Respondent/Appellee’s Appellate Counsel:

Mr. Karl E. Hays State Bar No. 09307050 Law Office of Karl E. Hays, PLLC 2101 South Highway 35, Suite 210 Austin, Texas 78741 Telephone: (512) 476-1911 Telecopier: (512) 476-1904 E-mail: Service@haysfamilylaw.com

Appellant’s First Motion for Extension of Time to File Brief Page 2 of 5 TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to TEX. R. APP. P. 10.1 and 38.6(d), the Appellant Tedde R. Blunck, files

this First Motion to Extend Time to File Appellant’s Brief. It is presumed that the

extension is opposed as counsel for Appellee has not responded to Appellant’s request.

Appellant’s opening brief is currently due on May 8, 2015.

Appellant requests a 31-day extension of time to file its brief, making the brief due

on June 8, 2015. This is the first request for extension of time to file the opening brief.

Appellant relies on the following reasons, in addition to the routine matters that

Appellant as a practicing attorney must attend to in daily practice, to explain the need for

the requested extension:

Appellant has been spending a great deal of time with urgent matters caused by the untimely death of a client’s father.

Appellant, as a solo practicing attorney, has primary responsibility in the following lawsuits which involve complex issues and significant time in research: Complicated partition proceedings involving the sale of rural real estate complicated by language in a Will being probated and Guardianship proceedings for benefit of a minor named in the Will as the beneficiary of the Will with respect to the land being partitioned and sold.

Appellant recently lost his ability to perform legal research on line during the period from when the Court Reporter’s Record was filed and when the Brief is due. There was a substantial period of time when Appellant was unable to perform legal research on line and there are no law libraries within a reasonable distance to allow the research necessary to prepare the brief. The service has now been restored.

Appellant seeks this extension of time to be able to prepare a cogent and succinct

brief to aid this Court in its analysis of the issues presented. This request is not sought

for delay but so that justice may be done.

Appellant’s First Motion for Extension of Time to File Brief Page 3 of 5 The undersigned has attempted to confer with opposing counsel, and he has not

responded. It is therefore presumed that he does oppose this motion.

All facts recited in this motion are within the personal knowledge of the Appellant

signing this motion, therefore, no verification is necessary under Rule of Appellate

Procedure 10.2.

PRAYER FOR RELIEF

For the reasons set forth above, Appellant requests that this Court grant this First

Motion to Extend Time to File Appellant’s Brief and extend the Deadline for Filing the

Appellant’s Brief up to and including June 8, 2015. Appellant requests all other relief to

which it may be entitled.

Respectfully submitted,

____________________________________ Tedde R. Blunck 502 Quitman Street P O Box 1152 Pittsburg, Texas 75686 Telephone: (903) 855-8460 Telecopier: (903) 855-8465 E-mail: tblunck@yahoo.com Pro Se

Appellant’s First Motion for Extension of Time to File Brief Page 4 of 5 CERTIFICATE OF CONFERENCE

Pursuant to Tex. R. App. P. 10.1(5), I certify that I conferred with counsel for

Appellee regarding this motion and that Appellee is opposed to this motion.

Tedde R. Blunck

CERTIFICATE OF SERVICE

Pursuant to Tex. R. App. P. 9.5, I certify that on May 6, 2015 I served a copy of

this motion by e-service to the following counsel:

Mr. Karl E. Hays State Bar No. 09307050 Law Office of Karl E. Hays, PLLC 2101 South Highway 35, Suite 210 Austin, Texas 78741 Telephone: (512) 476-1911 Telecopier: (512) 476-1904 E-mail: service@haysfamilylaw.com Counsel for Appellee

Appellant’s First Motion for Extension of Time to File Brief Page 5 of 5