COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS ATHOUSTQNou^of appeals

HOUSTON, TEXAS

NOV 13 2015

CASE # 01-13-00362-CV

CHRISTJBPHEJR /c-P^INE

CLERK?

PHILLIP MANDERSCHEH),

PLAINTIFF/APPELLANT,

v.

LAZ PARKING OF TEXAS LLC, and

BOOT MAN, INC. D/B/A PREMIER PARKING

ENFORCEMENT,

DEFENDANT/APPELLEE.

MOTION TO ENLARGE TIME WITHIN WHICH APPELLANT'S

MOTION FOR REHEARING THE COURT'S OPINION OF

15 OCTOBER 2015 MAY BE TIMELY COMPLETED AND FILED

Phillip Manderscheid, Appellant pro

se

315 Heidrich Street

Houston, Texas 77018

Res: 832-848-1934

Cell: 832-423-0951

Page 1of Seven Pages

request for enlargement of time within which to complete and-mw

Appellant's Motion for Rehearing ofthis Court's Opinion of 15 October 15.
II.

MOTION TO ENLARGE TIME WITHIN WHICH APPELLANT MAY TIMELY

COMPLETE AND FILE APPELLANT'S MOTION FOR REHEARING OF THIS

COURT'S OPINION OF 15 OCTOBER 15.

6. This Motion To Enlarge Time to make timely filing of Appellant's Motion

for Rehearing of the Court's OPINION of 15 October 15 is timely made

pursuant to the Texas Rules of Appellate Procedure (TRAP) generally, and

in particular pursuant to TRAP, Rule 49 said motion being in compliance

with TRAP, Rule 10.5(b)

7. Pursuant to TRAP, Rule 49.1, a motion forrehearing may be filed within 15

days after the court of appeals' judgment or order is rendered.

8. Further, pursuant to TRAP, Rule 49.8, a court of appeals may extend the

time for filing a motion for rehearing or en banc reconsideration if a party

files a motion complying with Rule 10.5(b) no later than 15 days after the

last date for filing the motion.

9. Further, pursuant to TRAP, Rule 10.5(b), Appellanthere makes this his first

request for enlargement of time to file his Motion for Rearing of this Court

Opinion of 15 October 15 Motion for Rehearing. Appellant has not

previously made any request nor has Appellant been denied any previous

request for enlargement to file Appellant's Motion forRehearing.

10. The Court's Opinion in this case was rendered and filed on 15 October 15

and the last day on which a Motion to Enlarge may timely be filed pursuant

toTRAP is 15 November 15 thus rendering this present motion to enlarge as

being timely.

11. Appellants are here requesting an enlargement for a reasonable time of

fifteen (30) days from Sunday, 15 November 15, to and including Tuesday,

15 December 15.

Page 3 of Seven Pages
12. The court's Opinion was rendered and filed on 15 October 15 after many

months and the Opinion consisted of 29 pages text. In appellant's view, the

opinion requires significant research in order to properly address the

multiple issues rising from the Opinion for purposes of a Motion for

Rehearing. It is impossible for this Appellant to properly complete this task

within the present due date of 15 November 15 under the rules without an

enlargement of time. Due Process requires that Appellant request of this

court an enlargement of time in order to meet the Appellant's burden

respecting his Motion for Rehearing.

13. Appellant is here proceeding pro se without the assistance of counsel for this

appeal andis, accordingly, having to individually research, write andprepare

the Motion for Rehearing for filing with this court without aid and assistance

of professional and experienced counsel while not being personally

experienced and/or trained in the task at hand. This has and will continue to

require a greater and more complex work load than is possible to be

completed within the present due date of 15 November 15.

14. Further, Appellant has experienced added complications for this task of

researching, writing and timely filing of his Reply Briefsince the Appellee

has raised fundamental jurisdictional issues challenging this court's

jurisdiction over this appeal.

15. Appellant is seeking to address multiple errors which are perceived by

Appellant as being inconsistent with the ends of justice and due process of

law. Those complex issues together with the scope and number of those

issues make it impossible for appellant to timely complete the task without

an appropriate enlargement oftime from this court.

Page 4 of Seven Pages
16. Each and all of the foregoing make absolutely necessary this Appellants

request for an extended thirty (30) enlargement of time given the

circumstances rising from this appeal.

17. Accordingly, Appellant request of this court an enlargement time in the

reasonable amount of thirty (30) days be GRANTED within which

Appellant may complete and timely file his Motion for Rehearing of this

court's Opinion of 15 October 15 which request seeks to enlarge the filing

due date from Sunday, 15 November 15 to and including Tuesday, 15

December 15.

in.

NO ONE WILL BE INJURED BY THIS COURT'S GRANTING A THIRTY

DAY ENLARGEMENT OF TIME WITHIN WHICH APPELLANT MAY

TIMELY FILE HIS MOTION FOR REHEARING OF THIS COURT'S

OPINION OF 15 OCTOBER 15.

18. Should this court grant Appellant's requests for thirty (30) day enlargement

oftime in this case, no one will be unjustly delayed orinjured. Alternatively,

the enlargement of time will permit and afford to the Appellant a due

process sufficient to complete his Motion for Rehearing of the Opinion of

this court dated 15 October 15.

19. This request for enlargement of time is not being made for any purpose of

delay but rather for sufficient and reasonable added time to permit Appellant

adequate time to complete preparation and timely filing of his Motion for

Rehearing ofthe Court's Opinion of 15 October 15.

WHEREFORE PREMISES CONSIDERED, Appellant requests relieffrom this

court as follows:

Page 5 of Seven Pages
1. That this court GRANT Appellant's requests for a thirty (30) day

enlargement of time within which Appellant Motion for Rehearing of the

Court's Opinion of 15 October 15 may be completed and timely filed with

the clerk ofthis court, and

2. That the court GRANT the Appellant's request for an Enlargement oftime

of thirty (30) days enlargement from Sunday, 15 November 15 to and

including Tuesday, 15 December 15, and

3. That this court GRANT to Appellant added and other relief that to the court

isjust at law and/or in equity, and

4. Appellants request justice.

Respectfully submitted,

AXXAfffiUtfMi

^Phillip Mand^rsohefdV Appellant pro se

iS Heidrich Street

Houston, Texas 77018

Res: 832-848-1934

Cell: 832-423-0951

Page 6 of Seven Pages
CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Motion to the

court ofAppeals has on this the / j) day of November, 2015 been forwarded to

the counsel for Appellee at his address of record as is filed in the records of this

appeal.

Page 7 of Seven Pages