01

- 14

- 00815

- CR

IN THE FIRST COURT OF APPEALS AT HOUSTON, TEXAS

MU HAMMAD SAADAN A HS AN , APPELLANT

v

STATE OF TEXAS, APPELLEE

APPEALED FROM THE 182 ND JUDICIAL DISTRICT COURT

HARRIS COUNTY, TEXAS

EX PARTE MUHAMMAD SAADAN AHS AN

MOTION FOR CONTINUANCE

TO ALLOW BRIEFING

___ /s/

__ Gene P. Tausk

_______ Gene P. Tausk

TBN: 24003035

1221 Studewood

Houston, TX 77008

(713) 429

- 5476

(713) 490

- 3150 (fax)

gene@tauskvega.com

ATTORNEY FOR

APPELLANT,

M UHAMMAD A HS AN ACCEPTED

01-14-00815

FIRST COURT OF APPEALS

HOUSTON, TEXAS

2/10/2015 9:59:38 AM

CHRISTOPHER PRINE

CLERK01

- 14

- 00815

- CR

IN THE FIRST COURT OF APPEALS AT HOUSTON, TEXAS

EX PARTE MU HAMMAD SAADAN A H S AN

APPEALED FROM THE 182 ND JUDICIAL DISTRICT COURT

HARRIS COUNTY, TEXAS

MOTION FOR CONTINUANCE

TO ALLOW BRIEFING

TO THE HONORABLE JUDGES OF THIS COURT:

Your Appellant , Muh ammad Saadan A h s an , by and through his counsel of

record, moves this Honorable Court to allow briefs to be submitted in the above

styled

- and

- numbered cause of action.

I.

This matter is a case which was appealed from the 228th Judicial D istrict

Co urt, the Honorable Marc Carter presiding. The trial court case number was:

1433456

.

II.

On or about October 16, 2014, this Honorable Court issued an Order of

Abatement in the above styled

- and

- numbered cause of action. The Order of

Abatement stated that this matter was abated until the clerk’s record was filed from

the Trial Court. This Honorable Court stated that once the clerk’s record was filed,

Appellant could file a brief within 10 days of the clerk’s record being filed.

2III.

The Clerk’s record was filed on or about January 8, 2015. However, due to

an error with his email, Your Appellant did not get notice that this record was filed.

It was only when reviewing the Court’s online system to review this matter that Your

Appellan t noticed that the brief was due on or about January 20, 2015.

IV.

Your Appellant would ask this Honorable Court to allow Appellant to file a

brief in this matter. As stated, through no fault of Appellant, Appellant did not get

notice that the Clerk’s record was filed and therefore was not put “on notice” that

the record was filed and therefore a brief was due. Appellant asks this Honorable

Court to allow him to rectify this matter and file a brief.

V.

Appellant noticed this error on or about February 9, 2015. Appellant informs

this Honorable Court that in keeping with the deadlines of the order from October

16, 2014, Appellant will have a brief ready for this court no later than February 19,

2015, which is 10 da ys from the date of Your Appellant discovering this error.

3VI.

For these reasons, therefore, Movant respectfully asks this Honorable Court

to allow him to brief this matter.

Respectfully submitted:

TAUSK & VEGA

____//s//_____________________

Gene P. Tausk

TBN: 24003035

1221 Studewood

Houston, TX 77008

(713) 429

- 5476

(713) 490

- 3150 (fax)

gene@tauskvega.com

ATTORNEY FOR APPELLANT,

MUHAMMAD SAADAN AHS AN

4CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing was served upon the

Harris County District Attorney s’ Office by CMRRR on February 10 , 2015.

/s/ Gene P. Tausk

_______ Gene P. Tausk

CERTIFICATE OF COMPLIANCE

I, the undersigned, state that this document contains approximately 512 words.

/s/ Gene Tausk

___________

5