NO. 01-15-00818-CV

______________________________________ 

IN THE COURT OF APPEALS 

FIRST JUDICIAL DISTRICT 

HOUSTON, TEXAS 

______________________________________ 

MIGUEL ZARAGOZA FUENTES, 

 Appellant, 

v.

EVANGELINA LOPEZ GUZMAN ZARAGOZA, 

 Appellee. 

______________________________________ 

On Appeal from the 245th Judicial District Court 

of Harris County, Texas 

Trial Court No. 2014-30215 

______________________________________ 

APPELLANT’S SECOND MOTION TO EXTEND TIME TO FILE BRIEF 

______________________________________ 

TO THE HONORABLE FIRST COURT OF APPEALS: 

Appellant, Miguel Zaragoza Fuentes, pursuant to Texas Rules of Appellate 

Procedure 38.6(d) and 10.5(b), requests this Court to extend time to file his brief in 

this cause for an additional thirty (30) days: 

1. This is an appeal from an interlocutory order granting injunctions and 

other temporary orders in a suit for divorce. The trial court signed the order at 

issue on September 2, 2015. Appellant filed a notice of appeal on September 24, 

ACCEPTED

01-15-00818-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

12/29/2015 4:10:11 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 12/29/2015 4:10:11 PM CHRISTOPHER A. PRINE Clerk
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2015.1 While the present appeal has been pending, the district court conducted a 

trial on the merits in the underlying case, which occurred on November 2-5, 2015. 

The district court recently signed a final judgment on December 21, 2015. 

2. The reporter’s record was filed October 6, 2015. The clerk’s record 

was filed October 29, 2015. 

3. Appellant’s brief was originally due November 30, 2015. Appellant 

filed a motion to extend time to file his brief up to and including December 30, 

2015. Appellee opposed the motion and this Court granted the requested relief. 

Appellant’s brief is currently due December 30, 2015. 

4. When this Court granted Appellant’s motion for an extension of time 

to file his brief, the Court also stated that “no futher extensions will be granted 

absent exceptional circumstances.” As explained, a material circumstance has 

occurred since this Court extended the brief deadline because the district court has 

now signed a final judgment. Appellant’s counsel is currently evaluating whether 

the signing of a final judgment in the underlying case moots the instant proceeding. 

For judicial economy and related reasons, Appellant prefers to not burden the 

Court and the parties with unnecessary briefing or other work if it is ultimately 

determined that the case in this Court is moot. 

 

1 Appellant alternatively requests the Court to treat this appeal as a mandamus proceeding. 

See CMH Homes v. Perez, 340 S.W.3d 444, 452-53 (Tex. 2011).
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5. This is Appellant’s second motion for extension of time to file his

brief and Appellant requests an additional thirty (30) day extension, up to and 

including Friday January 29, 2016, in which to file his brief. Appellant’s counsel 

is mindful of the Court’s admonishment contained in its November 30, 2015 order 

granting the first extension of time, and has accordingly given this case priority. 

However, counsel is of the considered opinion that the intervening entry of final 

judgment is an “exceptional circumstance” justifying this second motion for 

extenstion of time because it may impact this Court’s jurisdiction. 

6. Appellant seeks this extension not for delay, but to allow counsel 

sufficient time to determine whether this proceeding is moot, in whole or in part, 

and to prepare a concise brief to assist with the Court’s decision making. 

PRAYER

For the above reasons, Appellant, Miguel Zaragoza Fuentes, respectfully 

requests this Court to grant an extension of time to file his brief up to and including 

January 29, 2016. Appellant further requests general relief.
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Respectfully submitted,

CHAMBERLAIN, HRDLICKA, WHITE,

WILLIAMS & AUGHTRY

By: /s/ Kevin Jewell

Kevin D. Jewell

State Bar No. 00787769

1200 Smith Street, Suite 1400

Houston, Texas 77002

Telephone: (713) 658-1818

Telecopier: (713) 658-2553

ATTORNEYS FOR APPELLANT

CERTIFICATE OF CONFERENCE

The undersigned counsel for Appellant conferred with counsel for Appellee 

by email on December 29, 2015 and Appellee’s counsel is opposed to the relief 

sought in this motion.

/s/ Kevin Jewell

Kevin D. Jewell

CERTIFICATE OF SERVICE

I hereby certify that the foregoing Motion to Extend Time to File Brief has 

been forwarded to all parties and/or attorneys of record by the means indicated 

below, on this 29th day of December, 2015:

Via electronic service:

Jeanne Caldwell McDowell 

Rebekah H. Birdwell 

The Law Offices of Jeanne Caldwell McDowell

603 Avondale

Houston, Texas 77006
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Via electronic service:

Mary Olga Lovett 

Greenberg Traurig, L.L.P.

1000 Louisiana, Suite 1700

Houston, Texas 77002

Via electronic service:

J. Lindsey Short

Adam J. Morris

Short Carter Morris

1177 West Loop South, Suite 700

Houston, Texas 77027-9016

Via electronic service:

Stewart W. Gagnon

Fulbright & Jaworski LLP

1301 McKinney, Suite 5100 

Houston, Texas 77010-3095

Via electronic service:

Ricardo L. Ramos

440 Louisiana Street, Suite 1450

Houston, Texas 77002

/s/ Kevin Jewell

Kevin D. Jewell