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 Ye lenosky, Presiding Judge

________________________ ______________________ ____________________ APPELLANT’S MOTION FOR EXTE NSION 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

CLERKAPPELLANT’S MOTION EXTENSION OF TIME Page 2 TO THE HONORABLE JUSTIC ES OF SAID COURT: Appellant Mehmet Turan Er kan (“Appellant”) files his Appellant’s Motion for Extension of Time to File a Motion for Rehearing pursuant to T EX
. R. A PP
. P. 49.8 and T EX
. R. A PP
. P. 10.5(b). In support of this motion, Appellant would show the Court the following:
P ROCEDURAL B ACKGROUND On December 8, 2015, this Court i ssued its judgment and memorandum opinion granting relief in part and denying relief in part. Regarding Appellant’s first issue on cust ody, this Court found that there was error requiring correction and modified th e trial court’s judgment to delete the requirement that Appellant must obtain and maintain a home with a separate bedroom for each child before hi s children may visit overnight. However, this Court overru led 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 admitt ed regarding property in Turkey. This Court also found that the tr ial 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 R EQUEST FOR E XTENSION OF T IME TO F ILE M OTION FOR R EHEARING 1. The undersigned requests an exte nsion of time, pursuant to T EX
. R. A PP
. P. 49.8 and 10.5(b), of thirty days to file Appellant’s Motion for Rehearing. 2. Pursuant to T EX
. R. A PP
. P. 10.5(b)(1)(A), Appella nt’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 T EX
. R. A PP
. 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 re presenting Appellant on a pro bono basis in June of 2014. Appella nt’s co-counsel, Matthew Ko lodoski, had to withdraw from this appeal earlier this year after accepting a positio n as a judicial clerk. Since first appearing in this appeal, th e undersigned has accepted a position at a busy litigation practice in College Stati on. 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 onl y because of the holidays. In addition to Christmas, A ppellant’s counsel has a nonr efundable 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 extensi on 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 A ppellant may pursue all the remedies available to him under the law. This re quest 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.
P RAYER For these reasons, Appellant Mehmet Turan Erkan requests that the Court sign an order granting Appellant’s Motion for Extensi on of Time to File a Motion for Rehearing and extend the time for filing th e 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 T EX
. R. A PP
. 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 occa sions, there was no answer, and I left a message for Appellee. It is not known if Appellee is opposed to this motion.

____________________ _______________ Jennifer L. MathisAPPELLANT’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