COURT OF APPEALS

JAN O12015

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

Nancy Sue Morrison

Plaintiff

vs. CASE NO. 07-14-00317-CV

Wheeler County Texas

Sheriff Wesley Crites

Deputy D.B. Marcolesco

Defendants

MOTION TO EXTEND TIME TO FILE BRIEF AS TO NOTICE AND PERFECTION OF

APPEAL
COMES NOW, Nancy S Morrison, Appellant pro se, and files her MOTION TO EXTEND

TIME TO FILE BRIEF AS TO NOTICE AND PERFECTION OF APPEAL.

Court ordered brief was to be filed on or before December 31st, 2014. On December 31st, 2014 at

4:50 P.M. Appellant attempted to file Brief addressing the Perfection of Appeal. Appellant

attempted to enter the courthouse, but the Potter County Deputies had closed and locked the door

and were not at their post at 4:50 P.M., thus denying Appellant's access to filing her brief.

Pursuant to TRAP 4.1(b) Clerk's office closed or inaccessible: ifthe act to be done is filing a

document, and ifthe clerk's office where the document is to be filed is closed or inaccessible

during regular hours on the last day for filing the document, the period for filing the document

extends to the end ofthe next day when the clerk's office is open and accessible. The closing or

inaccessibility ofthe clerks office may be proved by certificate ofthe clerk or counsel, by a party's

affidavit. See Exhibit (A) Affidavit by Nancy S Morrison.. Appellant had called and was

reassured that court would remain open until 5P.M. The court may have been open, but the

outside doors to the courthouse that the clerk has no control of was not accessible as these doors

were locked early^thus denying access to filing document due on December 31st, 2014.

PRAY

WHEREFORE PREMISES CONSIDERED, Appellant prays that this Motion will be GRANTED

and she be allowedto file Brief addressing Perfection of Appeal, on Jan 2nd, 2015, due to the

inaccessibility to the court on December 31st, 2014
Respectfully Submitted

Ml

Nancy S. Morrison

P.O. Box 1134

Wheeler, TX. 79096

(806)282-8702

(806)826-3724

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy ofthe above was served upon all parties ofrecord in

accordance with the TRCP in this case Via USPS on January2nd 2015

LESLIE STANDERFER

WHEELER COUNTY TEXAS

401 MAIN ST. P.O. Box 469

WHEELER, TEXAS 79096

Nancy S. Morrison

P.O. Box 1134

1111 main st.

Wheeler, TX. 79096

(806)282-8702

(806)826-3724

APPELANT x

Nancy S. Morrison
EXHIBIT

A

Affidavit ofNancy S. Morrison in Support ofMotion to Extend Time to File Brief
IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

Nancy Sue Morrison

Plaintiff

vs. CASE NO. 07-14-00317-CV

Wheeler County Texas

SheriffWesley Crites

Deputy D.B. Marcolesco

Defendants

AFFIDAVIT OF NANCY MORRISON IN SUPPORT OF APPELLANT'S TIMELY AND

PROPERLY PERFECTION OF APPEAL TO COUNTY COURT FROM JUSTICE

COURT

STATE OF TEXAS

COUNTY OF WHEELER
BEFORE ME, the undersigned Notary Public, on this date personally appeared Nancy

Morrison, known to me to be the person whose name is subscribed to this instrument, and having

been by me duly sworn, on her oath states and deposes as follows:

Now comes Nancy Morrison and states the following pursuant to 28 U.S.C. 17456:

1. My name is Nancy MorrisonNottingham. I am over 21 years of age, ofsound mind, capable

ofmaking this affidavit and have never been convicted of a felony or a crime involving moral

turpitude.

2. On December 31, 2014,1 called the Office ofthe Clerk ofthe Court ofAppeals for the Seventh

District ofTexas and was assured by the Clerk that the office was not to close early and would be

open during the regular hours, closing at 5:00 P.M.

3. I live over 100 miles from Amarillo, Texas in Wheeler, Texas. I took off early from work to

deliver and file my briefin this case. The weather had turned inclement and freezing fog was

slowing driving conditions. I arrived at the Court building located at 501 S. Fillmore at 4:50.

When I attempted to open the outside doors to the building, I found that they were locked and the

securityofficers were not inside at their station. I knocked on the doors but no one was available

to open the doors and allow me to enter the building to file my brief in the Clerk's Office.

4. I was denied access to the Court as the Potter County Deputies left their post early and locked

the outside doors to the building.

Respectfully submitted,

Nancy Morrison
Appellant/Plaintiff

Pro Se Litigant

P.O. Box 1134

1111 Main St.

Wheeler, Texas 79096

(806) 826-3724

(806) 292-8702 (cell)

SUBSCRIBED AND SWORNTO BEFORE ME on the 2nd Day of December, 2014 to certifythis

JAM. -10ft

witness with my hand and official seal.

KTLUcl dMWPToO

Notary Public, State ofTexas

KELLl HAMPTON

NOTARY PUBLIC

STATE OF TEXAS

My Commission Expires 6-2B-2018