ACCEPTED

03-15-0008-CV

4133941

THIRD COURT OF APPEALS

AUSTIN, TEXAS

2/12/2015 4:31:46 PM

JEFFREY D. KYLE

CLERK

Court of Appeals Number: 03-15-00008-CV 

PAUL D. SIMMONS, Appellant § 

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IN THE 3RD DISTRICT 

vs. COURT OF APPEALS 

TERESA A. SIMMONS, Appellee STATEOFTEXAS ·· 

FIRST MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF 

TO THE HONORABLE JUSTICES OF SAID COURT: 

Now comes MELVIN GRAY, attorney for Appellant in the above styled and numbered . 

cause, and moves this Court to grant an extension of time to file appellant's brief, pursuant to Rule 

38.6 ofthe Texas Rules of Appellate Procedure, and for good cause shows the followiri.g: 

1. This case is on appeal from the 119th Judicial District Court ofTom Green County, 

Texas. 

2. The case was styled TERESA A. SIMMONS v. PAUL D. SIMMONS, and bears 

cause number Bl30232F. 

3. A judgment was rendered against Appellant on September 15, 2014. 

4. Appellant filed a Request for Findings ofF act and Conclusions ofLaw on October 3, 

2014. 

5. Notice of appeal was given on December 12,2014. 

I 

6. The reporter's record was filed on January 12,2015, andthe clerk's record was filed 

on January 13,2015. 

7. The appellant's brief is due on February 12, 2015. 

8. Attorney for Appellant requests an extension of time of 60 days from the present due 

date to file the brief. 

9. No previous extensions of time have been requested. 

10. Appellant relies on the following facts as good cause for the requested extension: 

a) Counsel for Appellant, due to the nature ofhis law practice, has had to 

be out of town and away from his office for the majority of the last 30 days. 

b) Counsel for Appellant begins a jury trial for a capital murder on 

February 17, 2015, and much of counsel's time in the past 30 days has been devoted 

to preparing for the trial. 

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 2/12/2015 4:31:46 PM JEFFREY D. KYLE Clerk
c) Counsel for Appellant has a very heavy trial court case load and must appear in 

court on almost a daily basis for a criminal case, civil case or family law case.· Jn order to 

adequately scrutinize the record and properly prepare this brief, the undersigned attorney will __ · · 

need additional time. . . -- -

d) Despite the best efforts of the undersigned attorney, this brief cannot be. _- _. 

properly prepared iii the time allotted. . . . . 

11. Gounsel has confeJ:Ted wjth Kirk Ha\Y!<.Jn.s, attorney for Appellee, and he has no .. 

objection to this Motion. -

WHEREFORE, PREMISES CONSIDERED, attorney for Appellantpraysthatthis.Court 

grant this First Motion to Extend Time to File Appellant's Brief, and for such other and further relief. 

as the Court may- deem appropriate. -- · -. -· --· · --. 

Respectfully submitted, 

GRAY & BRIGMAN, PLLC 

206 West College A venue 

San Angelo, TX 76903 

Tel: (325) 653-4594 

Fax: (325) 657-0039 

By: 

MELVIN 

1'1tW 

GRAY -~ 

State Bar No. 08328000 

CERTIFICATE OF SERVICE 

Tl}.is is to certify that on February 12, 2015, a true and correct copy of the above and 

foregoing document was served on Kirk Hawkins, Attorney for Appellee, via the efiling system. 

MELVIN ~~ GRAY 
STATE OF TEXAS 

COUNTY,OF TOM GREEN 

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AFFIDAVIT 

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BEFORE ME,theundersigned authority, on this. day personally appeared MELVIN GRAY,_,:, .·.•. .. . . . . ~- , 

who after being duly sworn stated: 

"I am the attom~y for the .appellant in the above numbered and entitled cause. I. have 

read the foregoing First Motion to Extend Time to File Appellant's Brief and swear · · 

that all of the allegations of fact contained therein are true and correct." 

MELVIN GRAY 

Affiant 

SUBSCRIBED AND SWORN TO BEFORE ME on February 12,2015, to certify which 

witness my hand and seal of office. 

~~~¥';''/f.tz,,_ SALLY GREEN g.(;:!i::J'0'% Notary Public. State of Texas 

"%-"A~ .. ~=ilff My Commission Expires 

"-Z:f,·a;'i,~~$ March 14, 2016 I fUll\ ' 

Notary Public, Sfute of Texas