NO. 03-14-00704-CV

IN THE

COURT OF APPEALS 

OF THE THIRD SUPREME JUDICIAL CIRCUIT

2004 Dodge Ram 1500 TX LP#CPL1988

and 2000 Buick TX LP CV1N8187

v. 

The State of Texas

UNOPPOSED MOTION FOR EXTENSION OF 

TIME TO FILE APPELLANT’S BRIEF

Appeal from the 20th Judicial District Court 

Milam County, Texas 

Trial Court Cause No. CV36,279

LAW OFFICE OF BENTON ROSS WATSON

120 E. 1st Street 

P.O. Box 1000

Cameron, Texas 76520 

(254) 307-8181

(254) 231-0212—Facsimile 

ross@texastopdefense.com

State Bar No. 24077591

ACCEPTED

03-14-00704-CV

4254340

THIRD COURT OF APPEALS

AUSTIN, TEXAS

2/23/2015 9:36:37 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 2/23/2015 9:36:37 PM JEFFREY D. KYLE Clerk
Appellant’s Motion to Extend Time to File Brief

TO THE HONORABLE COURT:

LaToya Alcorn, Appellant, moves for an extension to file Appellant’s 

Brief:

I.

Appellant moves this Court to allow an extension of 5 Days to file her

Brief.

1 Yet, Appellant’s Brief is being filed today, February 23, 2015. 

II.

REQUIRED INFORMATION PURSUANT TO THE RULES OF

APPELLATE PROCEDURE

A. The deadline for filing the Brief: 2 February 20, 2015.

B. The length of the extension sought:3 5 days—February 25, 2015.

C. The facts relied upon to reasonably explain the need for the 

extension: 4

1. My father died on February 11, 2015. (See Affidavit).

2. Many head of livestock, financial matters, and several other affairs of 

my father required immediate attention.

3. The responsibility of handling these affairs was placed on me—and, 

quite honestly, I was not prepared for it.

4. Everything was exacerbated by the fact that my grandmother was 

severely ill, and in ICU, at the same time. 

																																																							 1 TEX. R. APP. P. 38.6(d).

2 TEX. R. APP. P. 10.5(b)(1)(A).

3 TEX. R. APP. P. 10.5(b)(1)(B).

4 TEX. R. APP. P. 10.5(b)(1)(C).
5. Everything was further exacerbated due to the severe illness of a very 

close family friend, who also died a couple of days before my father. 

6. All family members live out of town (except my mother), and the 

family was split in trying to be several places at once. 

7. The current situation was unexpected, unanticipated, and devastating 

for my family and, to some degree, even the local community.

8. Other matters were scheduled for February, such as two jury trials, 

other appellate matters, and preparation for two post-conviction writs, 

that all had to be rescheduled for April or later.

9. I am a sole practitioner, who handles many civil and criminal cases, 

and I have no partners, staff members, or assistants.

10.Finally, Appellant’s brief was almost complete several weeks ago, but

a supplemental clerk’s record was needed before it could be finalized.

After it was filed, everybody began getting sick, things never got 

better, and no more available time existed to finalize it until now.

D. Number of previous extensions granted:

5 One extension was granted 

for filing the affidavit of indigence. None were requested for filing briefs.

III.

The additional time requested is not sought solely for delay, nor 

sought frivolously, but will be of genuine assistance to Appellant’s attorney 

in allowing to timely file the brief.

REQUEST FOR RELIEF 

 

Appellant requests that this Court grant her Motion and extend the 

deadline for filing Appellant’s Brief to February 25, 2015, or that this Court 

grant such additional time as is just and proper.

Respectfully submitted,

																																																							 5 TEX. R. APP. P. 10.5(b)(1)(D).
_________________________

Benton Ross Watson

120 E. 1st Street / Box 1000

Cameron, Texas 76520

Tel: 1 (254) 307-8181

Fax: 1 (254) 231-0212

ross@texastopdefense.com

State Bar No. 24077591

Attorney for Appellant

CERTIFICATE OF SERVICE

This is to certify that on February 23, 2015, a true and correct copy of 

the above and foregoing document was served on the Milam County District 

Attorney's Office, by electronic transmission at 

www.torrey@milamcounty.net and dkeen@milamcounty.net, electronic 

transmission was reported as complete, the State and Appellant’s counsel 

have discussed this motion to extend, and the State is agreeable to an

extension. 

Benton Ross Watson

ross@texastopdefense.com
AFFIDAVIT IN SUPPORT OF

APPELLANT'S MOTION FOR EXTENSION TO FILE BRIEF

BEFORE ME, the undersigned authority, personally appeared Benton 

Ross Watson, who being duly sworn, deposed as follows:

"My name is Benton Ross Watson. I am at least 18 years of age and 

of sound mind. I am personally acquainted with the facts alleged herein, 

which are true and correct.

“All of the facts alleged in the above motion to extend time are within 

my personal knowledge, and all are true and correct.

“My father suddenly and unexpectedly fell ill in late January, and later 

died on February 11, 2015. My father’s livestock, financial matters, and 

other affairs required my immediate attention for which I was unprepared. 

“My grandmother was in ICU in Scott & White during this time

period due to different surgical operations on her heart and chest. Another 

close family friend was also sick, and died a few days before my father. Due 

to the many illnesses, my family was split up in order to be at multiple 

places. My mother and I are the only family living in the same area as my 

father, which caused care of him and his affairs to be placed in my hands.

“If the Court wants death certificates or other proof then those things 

can be provided. I did not know whether it was appropriate to include them 

here.
"I was just about finished with this brief back in mid-January, but 

could not finalize it due to a supplemental clerk's record that needed to be 

filed. By the time the supplemental record was completed, things had 

already begun to go downhill, and no more time presented itself for me to 

finish up the brief. I am a sole practitioner, and have no assistants, so there 

was no one to help finalize the brief in my absence either." 

I 

Benton Ross Watson, Affiant 

SUBSCRIBED AND SWORN TO BEFORE ME on 

~\.)..~ ?i:;:,~by ~~W(k\-o~. 

~, ~~\Ylda 

Notary Public, State of Texas