Theodore Stillwell v. Dawn D. Stillwell

• Court: Court of Appeals of Texas
• Decided: January 4, 2018
• Docket: 03-17-00457-CV
• Status: Published

Opinion

ACCEPTED 03-17-00457-CV 21597052 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/4/2018 10:09 AM JEFFREY D. KYLE CASE NO. 03-17-00457-CV CLERK

FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS THIRD JUDICIAL DISTRICT OF TEXAS1/4/2018 10:09:45 AM AT AUSTIN, TEXAS JEFFREY D. KYLE Clerk

THEODORE STILLWELL,

Appellant

v.

DAWN D. STILL WELL,

Appellee

On Appeal from the th 274 Judicial District, Hays County, Texas Cause No. 14-1651

APPELLANT'S FIRST MOTION TO EXTEND TIME TO FILE APPELLANT' S BRIEF

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

COMES NOW Appellant, Theodore Stillwell, in the interest of children, and

files this his Motion to Extend Time to File Appellant' s Brief, and in support

thereof would respectfully show unto this Court as follows:

I. BACKGROUND

APPELLANT'S MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF - Page 1 1. The reporter's record was filed on December 6, 2017.

2. The clerk's record was filed on September 15, 2017.

3. Appellant's brief is currently due on January 5, 2018.

4. This is the first request for an extension for filing Appellant's brief. No

prior requests have been made.

II.

ARGUMENT & AUTHORITIES

1. This Court may extend the time to file Appellant's brief under the

authority of Rule 38.6(d) and 10.5(b) of the Texas Rules of Appellate Procedure.

No rule limits the time within which a Motion to Extend may be filed. See Tex. R.

App. P. 38.6(d). Appellant requests a first extension of an additional 30 days to

file his brief, thereby extending the deadline until February 5, 2018, since the 4th is

on a Sunday, Appellant is noting the deadline as the 5th per the calculation rules.

2. No previous extensions have been requested to extend the time to file

Appellant's brief.

3. Appellant needs additional time to file his brief for the reasons that

follow:

a. This appeal is complex and contains novel argument and

argument of first impression.

APPELLANT'S MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF - Page 2 b. The record is extensive and contains 17 volumes. It takes more

time to work through the issues and crystallize the most succinct way

to argue them. After receiving the reporter's record on December 6,

2017, there was not enough time to complete the brief before the

holiday season where part of the time me and my staff were on

vacation.

Accordingly, Appellant requests the Court extend the time for him to file his brief.

WHEREFORE, PREMISES CONSIDERED, Appellant, Theodore

Stillwell, in the interest of children, respectfully requests that this Court grant his

First Motion to Extend Time to File Appellant's Brief; extend the deadline for

Appellant to file his brief until February 5, 2018; and grant Appellant all other

relief, at law or in equity, to which he may be justly entitled.

Respectfully submitted,

LAW OFFICES OF IV AN FRIEDMAN

By: ls/Ivan Friedman Ivan Friedman P.O. Box 359 San Marcos, Texas 78667 SBN: 00785886 Tel: (512) 396-0046 Facsimile: (210) 227-5151 Email: law@ivanfriedman.com

APPELLANT'S MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF - Page 3 COUNSEL FOR APPELLANT, Theodore Stillwell

CERTIFICATE OF CONFERENCE

This is to certify that, a conference was held on the 3rd day of January, 2018, with the opposing party, on the merits of this motion and the opposing party does not oppose this motion.

ls/Ivan Friedman Ivan Friedman

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing document has been served upon all counsel of record on this the 3 rd day of January, 2018, in accordance with the Texas Rules of Appellate Procedure.

ls/Ivan Friedman - - - - - - - - - Iv an Friedman

APPELLANT'S MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF - Page 4 VERIFICATION

ST A TE OF TEXAS § ~~-~~ - § COUNTY OF -BALLA S §

nd On this the 2 day of January, 2018, before me, the undersigned Notary Public, personally appeared Ivan Friedman, who by me duly sworn on his oath deposed and said that he is an attorney for the Appellant in the above-entitled and numbered cause~ that he has read the above and foregoing and that the allegations contained therein are within his personal knowl dge and a ~ d correct.

i b Subscribed to and sworn before me by Ivan Friedman on the 2'1d day of · Jru1uary., 2018~ to certify which witness my hand and official seal.

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APPELLANT'S MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF - Page 5