i

IN THE FOURTH COURT OF APPEALS FOR THE STATE OF TEXAS



### NO. 04

- 15

- 00338

- CV

ARTHUR BUTCHER,

Appellant,

V.

CITY OF SANANTONIO,

THROUGH ITS AGENT,

CITY PUBLIC SERVICE

BOARD OF SAN ANTONI O,

d/b/a CPS ENERGY,

Appellee.

________________ _________________________ APP ELLANT’S MOTION FOR EXTENSION

OF TIME TO FILE AMENDED BRIEF

_________________________________________

SAMUEL C. BEALE

STATE BAR No.01952380

5821 SOUTHWEST FREEWAY

HOUSTON, TEXAS 77057

TEL 281.664.6400

FAX 281.664.6423

ATTORNEY FOR APPELLANT

ARTHUR BUTCHER ACCEPTED

04-15-00338-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

10/28/2015 12:03:08 AM

KEITH HOTTLE

CLERKi

APPELLANT ’ S MOTION FOR EXTENSION O F TIME TO FILE

AMENDED BRIEF

COMES NOW, ARTHUR BUTCHER, Appellant, in the above entitled and

numbe red case and files this r equest for an extension of time to file h is Am ended

Appeal B rief the Court ordered to be filed not later than October 26, 2015 which

order was made on October 1 6 , 2015

. And , Appellant would respect fully show the

Court as follows:

1. From October 6 , 2015 through Oct ober 21, 2015 Plaint iff ’ s counsel did not

have access to hi s Houston, Texas office and Appellant ’ s files du e to out of town

and out of state court appearances and client transactional matter as well as a

temporary office loc kout.

2. On October 13, 2015

, Appellant ’ s coun sel f ile an appeal brief using th e

client case draft brief and partial client records available to Appellant ’ s counsel on

electronic medium.

3. After regaining access to Appe llant ’ s full file

, including the record in the

case below, on Sunday, October 25, 2015, Appellant ’ s counsel completed the

or dered corrections and updates to Appellant ’ s Amended Brief but not before

Appellant ’ s Counsel had to catch the last airplane from Houston, Texas toi

Lubbock, Texas to travel to Plains, Texas to begin a Monday morning felony

criminal trial in Cause No. 300 8 in Yoakum County, Texas.

4. While in Plains, Texas, Plaintiff ’ s counsel had little to no internet or

telephone access until the completion of the trial on today, October 27, 2015.

Plaintiff ’ s co unsel is presently near Lubbock, Texas and seeking to return to his

office in Houston, Texas at this time.

5. Plaintiff ’ s Counsel, contemporaneously with the filing of this motion, files

the conforming Appellant ’ s Brief.

6. Appellant respectfully requests that the Court grant a one day extension of

time to file t he conforming brief because of the extenuating circ umstances

preventin g this Counsel from filing the brief prior to today, October 27, 2015

.,

Respectfully Submitted,

/S/ Samuel C. Beale

SAMUEL C. BEALE

STATE BAR No.01952380

5821 SOUTHWEST FREEWAY , # 416

HOUSTON, TEXAS 77057

TEL 281.664.6400

FAX 28 1.664.6423

ATTORNEY FOR ARTHUR BUTCHER

APPELLANTi CERIFICATE OF SERVICE

On October 27 , 2015 pursuant to Rule 6.3 of the Texas Rules of Appellate

Procedure, a copy of the Appellants Brief was served on Appellee by efiling and a

copy was served b y facsimile transmission:

CHRISTINE E. REINHARD

STATE BAR No. 24013389

SCHMOYER & REINHARD

17806 INTERSTATE 10

SAN ANTONIO, TEXAS 78257

/S/ Samuel C. Beale

SAMUEL C. BEALE