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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 ANTONIO, 

d/b/a CPS ENERGY,

Appellee.

_________________________________________

APPELLANT’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

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 10/28/2015 12:03:08 AM KEITH E. HOTTLE Clerk
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APPELLANT’S MOTION FOR EXTENSION OF TIME TO FILE 

AMENDED BRIEF

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

numbered case and files this request for an extension of time to file his Amended 

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

order was made on October 16, 2015. And, Appellant would respectfully show the 

Court as follows:

1. From October 6, 2015 through October 21, 2015 Plaintiff’s counsel did not 

have access to his Houston, Texas office and Appellant’s files due to out of town 

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

temporary office lockout.

2. On October 13, 2015, Appellant’s counsel file an appeal brief using the 

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

electronic medium.

3. After regaining access to Appellant’s full file, including the record in the 

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

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

Appellant’s Counsel had to catch the last airplane from Houston, Texas to 
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Lubbock, Texas to travel to Plains, Texas to begin a Monday morning felony 

criminal trial in Cause No. 3008 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 counsel 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 the conforming brief because of the extenuating circumstances 

preventing 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 281.664.6423 

ATTORNEY FOR ARTHUR BUTCHER

APPELLANT
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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 by 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