1 NO. 03

- 13

- 00311

- CV

LUCY GUTIERREZ § COURT OF APPEALS § §

vs. § §

PORTFOLIO RECOVERY §

ASSOCIATES § THIRD DISTRICT OF TEXAS

APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME TO FILE

MOTION FOR REHEARING AND /OR

MOTION FOR EN BANC RECONSIDERATION

TO THE HONORABLE JUSTICES OF SAID COURT:

Appellant, LUCY GUTIERREZ, requests that this honorable court

extend the time to file appellant’s brief motion for rehearing and/or motion

for en banc reconsideration

.

1. Appellant is Lucy Gutierrez; appellee is Portfol io Recovery

Associates.

2. This motion is filed within the 15

- day period to file a motion to

extend the time to file appellant’s motion for rehearing as required by Rule

49.8 and Rule 10.5(b) (1) of the Texas Rules of Appellate Procedure.

3. The Court may g rant an extension of time under Texas Rule of

Appellate Procedure 49.8

.

4. The dea dline to file appellant’s motion for rehearing and /or motion for

en banc reconsideration i s March 13, 2015

. ACCEPTED
03-13-00311-CV

4461392
THIRD COURT OF APPEALS

AUSTIN, TEXAS
3/11/2015 3:21:34 PM
JEFFREY D. KYLE

CLERK2 5. Appel lant requests an additional sixty (60) days to file ap pellant’s

motion for rehearing and /or motion for en banc reconsideration extendin g

the time until May 12, 2015 . The undersigned has attempted to confer with

opposing counsel regarding this motion

, but has been unsuccessful.

6

. Appellant has not requested any prior extension s of time to file

motion for rehearing and /or motion for en banc reconsideration

.

7

. Appellant needs additional time to file appellant’s brief because

appellant’s counsel, the under signed, works sixty (60) hours per week in

private emplo yment. In addition, the undersigned has been involved in

substantial litigation in district court in Bexar County, Texas, other appellate

work to be filed in the San Antonio Court of Appeals, and has a preplanned

vacat ion from M arch 13, 2015, to March 22

, 2015. In addition, appellant ’ s

counsel has had insufficient time to determine w hether to file a motion for

rehearing or a motion for en banc consideration or both

.

8

. Appellant, therefore, re quests an extension of sixty (60) days to file

appellant’ s motion for rehearing and /or motion for en banc reconsieration

.

9

. For the foregoing reasons, appellant asks the Court to grant an

extension of time to file appella nt’s motion for rehearing and /or motion for

en banc reconsi d eration until May 12, 2015.3 Dated this 1 1 th day of March, 2015

.

Respectfully submitted,

RONALD S. GUTIERREZ, LAWYER

Las Colinas Station

P. O. Box 143243 Irving Texas 75 014

- 3243 Office: (512) 222

- 3488 Facsimile: (512) 233

- 2786

Email: rsg.lawyer@gmail.com

By: /s/ Ronald S. Gutierrez

Ronald S. Gutierrez

State Bar No. 08644410

ATTORNEY FOR A PPELLANT

Certificate of Conference

I her eby certify that I have attempted to confer with Anh H. Regent by

le tter faxed on March 6, 2015

, regarding this motion and said counsel has

not responded

.

/s/ Ronald S. Gutierrez

Ronald S. Gutierr ez4 Certificate of Service

I hereby certify that a true and correct copy of the foregoing

instrument was delivered via facsimile at (713) 490

- 7075, to Mr. Anh H.

Regent, REGENT & ASSOCIATES, 2650 Fountain View, Suite 233,

Houston, Texas 77057, Atto rney for Plaintiff on March 11 , 2015

.

/s/ Ronald S. Gutierrez

Ronald S. Gutierrez