### „ oMc I BANKOFAMERICA, N.A. IN THE THIRD COURT OF APPEALS OF TEXAS AT AUSTIN
**************************************** No. 03-14-00404-CV
KEVIN TOWERAND KARRIELYNNTOWER, Appellants,

**************************************** APPELLANTS MOTION FOR EXTENSION OF TIME TO FILE A MOTION FOR REHEARING 

### COMES NOW APPELLANTS Kevin Tower and Lynn Tower ("Appellants") and files this their Fourth Motion for Extension ofTime to file an Appeal Brief, and in support thereof, would show as follows: I. FACTS 1. This matter originated from the Hays County Court at Law. Appellants' were the Defendant's in a case styled, Bankof America, N.A. v. Kevin Tower, Cause No. 13-0320-C. 2. Appellants decided to initially appeal this matter from the trial court to this Court 

### because the trial court failed to allow the Defendant the right to submit any contraverting evidence, ratherthe court decided to adjourn to consider the Defendants/Appellants objections. 3. This Courtrendered a decision in this case on July 22, 2015. Tex. R. App. P. 49.1 allows a Defendant, upon motion to have the appeals judgment or order reconsidered. Tex. R. App. P. 49.1 demands that this be done within fifteen (15) days from the rendering ofthe appeals 

### court decision. Despite the fact that Appellants did not receive the decision until days after its rendering, Appellants do desire to as soon as possible file a Motion for Rehearing timely and AppellantsMotion forExtensionofTime Page 1 of 3

### within the fifteen days, however due to the short time frame and the fact that Appellants are pro se and do not have the access to all resources attorneys enjoy, the possibility of doing so is impossible. II. ARGUMENT & AUTHORITIES 

### 4. Tex. R. App. P. § 49.8 allows for this Court to allow a extension in the 

### presentation and filing of a motion for rehearing and motion for en banc reconsideration provided the motion complies with Tex. R. App. P. §10.5(b). 5. The deadline for filing the Motion for reconsideration or motion for en banc 

### review is fifteen (15) days after the rendering ofthejudgment. In this case the rendering was 

### presented on July 22, 2015; therefore the deadline for the submission ofsame is August 6, 2015 the same day as the submission ofthis motion. 

### 6. Appellants request a fourteen (14) day extension to this deadline. 7. Appellants do desire to as soon as possible file a Motion for Rehearing timely and within the fifteen days however due to the short time frame and the fact that Appellants are pro 

### se, the possibility ofdoing so is impossible. The two matters which are clearly in error in the panel's decision and the issues which Appellants will brief are:

a. Violation ofthe Due Process ofLaw: b. Failure ofthe panel to render an opinion consistent with Texas Rules of Appellate Process §47.1 

### The briefing on each is difficult because each is such a legal premise, which all recognize, that there is very little case law which addresses each because it is known by all to be a legal necessity. 

### 8. This is the only extension associated with the filing ofmotion for rehearing and
Appellants Motionfor Extension of Time Page 2 of 3motion for en banc reconsideration 

### However, for good cause this Court may grant an extension.

III. PRAYER 

### WHEREFORE, PREMISES CONSIDERED, Appellant preys that this Court grant an extension oftime to file Appellants Motion forReconsideration. Respectfully submitted:



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CERTIFICATE OF SERVICE 

## Ihereby certify that on this the 6th day ofAugust 2015, atrue and correct copy ofthe foregoing was served as stated below pursuant to the Texas Rules ofCivil Procedure. Mr. Jonathan M. Williams Marinosci Law Group, P.C. 14643 Dallas Parkway, Suite 750 Dallas, Texas 75254 (972)331-5240

Appellants Motion for ExtensionofTime Page 3 of 3 I I Electronic File via ProDocEfile.com 

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