ACCEPTED 03-15-0008-CV 4133941 THIRD COURT OF APPEALS

AUSTIN, TEXAS 2/12/2015 4:31:46 PM JEFFREY D. KYLE

CLERK Court ofAppeals Number: 03-15-00008-CV
PAUL D. SIMMONS, Appellant 

### § § 

### § § § 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 oftime to file appellant's brief, pursuantto Rule 38.6 ofthe Texas Rules ofAppellate 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. Ajudgment was rendered against Appellant on September 15, 2014. 4. Appellant filed a Request for Findings ofFact and Conclusions ofLawon October 3, 2014. 5. Notice ofappeal was given on December 12,2014.
I 6. Thereporter's record was filed on January 12,2015, andthe clerk's record was filed on January 13,2015. 7. The appellant's briefis due on February 12, 2015. 8. Attorney for Appellantrequests an extension oftime of60 days from the present due date to file the brief. 9. No previous extensions oftime 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 lawpractice, has hadto be out oftown and away from his office for the majority ofthe last 30 days. b) Counsel for Appellant begins a jury trial for a capital murder on February 17, 2015, and much ofcounsel's time inthe past 30 days has been devoted to preparing for the trial.c) Counsel for Appellanthas a very heavytrial court caseload and must appearin court on almost a daily basis for a criminal case, civil case or family law case.· Jn order to adequately scrutinize the record andproperlypreparethis brief, the undersigned attorneywill
__ ·· 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.

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### WHEREFORE, PREMISES CONSIDERED, attorney for Appellantpraysthatthis.Court grantthis First Motionto Extend Time to File Appellant's Brief, and for such other and further relief. as the Court may- deem appropriate.

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-· ·--. Respectfully submitted, 

### GRAY & 

### BRIGMAN, PLLC 206 West College Avenue San Angelo, TX 76903 Tel: (325) 653-4594 Fax: (325) 657-0039
By: 

# 1'1tW**-~** MELVIN 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 GRAYSTATE OF TEXAS COUNTY,OF TOM GREEN § §
. . §

AFFIDAVIT .. ·_: ; '**~**

BEFORE ME,theundersigned authority, onthis. day personallyappeared MELVIN 

### GRAY,_,:, .·.•. .. . . . .**~-** 

### , who after being duly sworn stated: "I am the**attom~y** for the .appellant inthe above numbered and entitled cause. I.have read the foregoing FirstMotion to Extend Time to File Appellant's Briefand swear · · that all ofthe allegations offact contained therein are true and correct."

MELVIN GRAY Affiant
SUBSCRIBED AND SWORN TO BEFORE ME onFebruary 12,2015, to certify which witness my hand and seal ofoffice.**~~~¥';''/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 ofTexas