APPELLANT’S MOTION EXTENSION OF TIME Page 1 

NO. 03-14-00148-CV 

__________________________________________________________________ 

IN THE THIRD COURT OF APPEALS 

AUSTIN, TEXAS 

__________________________________________________________________ 

MEHMET TURAN ERKAN, 

 Appellant, 

v. 

HABIBE NALAN ERKAN, 

 Appellee. 

__________________________________________________________________ 

On Appeal from the 201st Judicial District Court 

Travis County, Texas 

Trial Court Cause No. D-1-FM- 12-002773 

The Honorable Stephen Yelenosky, Presiding Judge 

__________________________________________________________________

APPELLANT’S MOTION FOR EXTENSION OF TIME TO FILE 

 A MOTION FOR REHEARING 

__________________________________________________________________

 Respectfully submitted, 

 Jennifer L. Mathis 

 Texas Bar No. 24081964 

 mathisjl@gmail.com 

 700 Dominik # 1101 

 College Station, Texas 77840 

 (972) 822-6374 – Telephone 

 (972) 692-5223 – Fax 

 ATTORNEY FOR APPELLANT 

ACCEPTED

03-14-00148-CV

8318231

THIRD COURT OF APPEALS

AUSTIN, TEXAS

12/21/2015 10:28:14 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 12/21/2015 10:28:14 AM JEFFREY D. KYLE Clerk
APPELLANT’S MOTION EXTENSION OF TIME Page 2 

TO THE HONORABLE JUSTICES OF SAID COURT: 

 Appellant Mehmet Turan Erkan (“Appellant”) files his Appellant’s Motion 

for Extension of Time to File a Motion for Rehearing pursuant to TEX. R. APP. P. 

49.8 and TEX. R. APP. P. 10.5(b). In support of this motion, Appellant would show 

the Court the following: 

PROCEDURAL BACKGROUND

On December 8, 2015, this Court issued its judgment and memorandum 

opinion granting relief in part and denying relief in part. 

Regarding Appellant’s first issue on custody, this Court found that there was 

error requiring correction and modified the trial court’s judgment to delete the 

requirement that Appellant must obtain and maintain a home with a separate 

bedroom for each child before his children may visit overnight. 

However, this Court overruled Appellant’s second and third issues relating 

to the Turkish properties. This Court found that Appellant waived his hearsay 

objection to emails that had been admitted regarding property in Turkey. This 

Court also found that the trial court had jurisdiction to order Appellant to convey 

his interest in the Turkish properties to his ex-wife. 
APPELLANT’S MOTION EXTENSION OF TIME Page 3 

REQUEST FOR EXTENSION OF TIME TO FILE 

MOTION FOR REHEARING

1. The undersigned requests an extension of time, pursuant to TEX. R.

APP. P. 49.8 and 10.5(b), of thirty days to file Appellant’s Motion for Rehearing. 

2. Pursuant to TEX. R. APP. P. 10.5(b)(1)(A), Appellant’s deadline to file 

a Motion for Rehearing is on December 23, 2015. 

3. Pursuant to Tex. R. App. P. 10.5(b)(1)(B), the length of the extension 

sought is thirty days.1

4. Pursuant to TEX. R. APP. P. 10.5(b)(1)(C), the facts relied on to 

reasonably explain the need for an extension are: 

5. Appellant has expressed a desire to file a motion for rehearing on the 

second and third issues of this appeal. Those issues, pertaining to the Turkish 

properties, were overruled by this Court. 

6. Appellant’s counsel began representing Appellant on a pro bono basis 

in June of 2014. Appellant’s co-counsel, Matthew Kolodoski, had to withdraw 

from this appeal earlier this year after accepting a position as a judicial clerk. 

Since first appearing in this appeal, the undersigned has accepted a position at a 

busy litigation practice in College Station. The undersigned recently had an 

estimated 8-day trial setting in Austin, the preparation for which occupied much of 

her time. That trial ended up being continued on the day it was scheduled to begin. 

 

1

 Appellant’s Motion for Rehearing would be due on or before January 22, 2016. 
APPELLANT’S MOTION EXTENSION OF TIME Page 4 

However, the trial preparation took up a significant block of time during the same 

timeframe to file a motion for rehearing in this appeal. 

7. Appellant asks for thirty days only because of the holidays. In 

addition to Christmas, Appellant’s counsel has a nonrefundable vacation scheduled 

from December 31 through January 4. 

8. Considering the holidays and counsel’s trial practice, the undersigned 

asks this Court to please grant an extension of time of thirty days to file a motion 

for rehearing so that she may complete this appeal on Appellant’s behalf. 

9. This request is made so that Appellant may pursue all the remedies 

available to him under the law. This request is not made for the purpose of undue 

delay. 

10. Appellee will not be prejudiced by the granting of this motion. 

11. Pursuant to Tex. R. App. P. 10.5(b)(1)(D), there have not been any 

prior extensions granted pertaining to a motion for rehearing. 

PRAYER

For these reasons, Appellant Mehmet Turan Erkan requests that the Court 

sign an order granting Appellant’s Motion for Extension of Time to File a Motion 

for Rehearing and extend the time for filing the Appellant’s Motion for Rehearing 

up to and including January 22, 2016. 
APPELLANT’S MOTION EXTENSION OF TIME Page 5 

Respectfully submitted, 

 By: __________________________________ 

 Jennifer L. Mathis 

 Texas Bar No. 24081964 

 mathisjl@gmail.com 

 700 Dominik # 1101 

 College Station, Texas 77840 

 (972) 822-6374 – Telephone 

 (972) 692-5223 – Fax 

 ATTORNEY FOR APPELLANT 

CERTIFICATE OF CONFERENCE

 In accordance with TEX. R. APP. P. 10.1(a)(5), I certify that on December 21, 

2015, at 9:54 A.M., and again at 10:24 A.M., I attempted to call Appellee and 

confer on this motion. On both occasions, there was no answer, and I left a 

message for Appellee. It is not known if Appellee is opposed to this motion. 

 

___________________________________ 

 Jennifer L. Mathis 
APPELLANT’S MOTION EXTENSION OF TIME Page 6 

CERTIFICATE OF SERVICE

 The undersigned hereby certifies that, pursuant to the Texas Rules of 

Appellate Procedure, a true and correct copy of the above and foregoing instrument 

was mailed to Appellee on December 21, 2015, at the following address: 

Habibe Nalan Erkan 

8804 Tallwood Drive, Apt. 29 

Austin, Texas 78759 

APPELLEE 

 __________________________ 

 Jennifer L. Mathis