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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 Portfolio 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 grant an extension of time under Texas Rule of 

Appellate Procedure 49.8. 

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

en banc reconsideration is 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

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 3/11/2015 3:21:34 PM JEFFREY D. KYLE Clerk
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5. Appellant requests an additional sixty (60) days to file appellant’s 

motion for rehearing and/or motion for en banc reconsideration extending 

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 extensions 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 undersigned, works sixty (60) hours per week in 

private employment. 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 

vacation from March 13, 2015, to March 22, 2015. In addition, appellant’s 

counsel has had insufficient time to determine whether to file a motion for 

rehearing or a motion for en banc consideration or both.

8. Appellant, therefore, requests 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 appellant’s motion for rehearing and/or motion for 

en banc reconsideration until May 12, 2015.
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Dated this 11th day of March, 2015.

Respectfully submitted,

RONALD S. GUTIERREZ, LAWYER

Las Colinas Station

P. O. Box 143243

Irving Texas 75014-3243

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 APPELLANT

Certificate of Conference 

 

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

letter faxed on March 6, 2015, regarding this motion and said counsel has 

not responded.

/s/ Ronald S. Gutierrez

Ronald S. Gutierrez
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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, Attorney for Plaintiff on March 11, 2015.

/s/ Ronald S. Gutierrez

Ronald S. Gutierrez