Cause No. 

DAVID THOMPSON, Individually and § IN THE FIRST DISTRICT 

as Next Friend of BRYSON TOLER, § 

a Minor, §

§ 

Appellants, §

§ 

V. § COURT OF APPEALS

§ CHARLES NEIGHBOR and § CHARLES FRIEND §

§ 

Appellees. § HOUSTON, TEXAS 

On appeal from the 334"‘ District Court of Harris County, Texas 

PLAINTIFFS’ MOTION TO EXTEND TIME TO FILE NOTICE OF APPEAL 

TO THE HONORABLE FIRST COURT OF APPEALS: 

DAVID THOMPSON, Individually and as Next Friend of BRYSON TOLER, a Minor, 

Appellants here and Plaintiffs below, move this Court to extend time to file their notice of appeal 

pursuant to Texas Rule of Appellate Procedure 26.3, and in support hereof would respectfully 

show as follows: 

1. On October 3, 2014, the 334“' District Court of Harris County, Texas, signed a 

final judgment in Cause No. 2011-16031, DA VID THOMPSON, Individually and as Next Friend 

of BRYSON TOLER, a Minor, Plaintfi v. CHARLES NEIGHBOR and CHARLES FRIEND, 

Defendants. 

2. Appellants timely filed a Motion for New Trial on October 31, 2014. Appellants’ 

Notice of Appeal was originally due to be filed in the trial court on January 1, 2015. 

3. Appellants filed in the trial court their Notice of Appeal on Januzny 14, 2015, 

which was within fifteen (15) days of the date the notice was originally due to be filed. A copy of 

that notice is attached to this motion.

ACCEPTED

N/A

FIRST COURT OF APPEALS

HOUSTON, TEXAS

1/14/2015 3:13:30 PM

CHRISTOPHER PRINE

CLERK

 RECEIVED IN 1st COURT OF APPEALS HOUSTON, TEXAS 1/14/2015 3:13:30 PM CHRISTOPHER A. PRINE Clerk
4. The Notice of Appeal was not timely filed because of a miscalculation of the 

appellate deadlines under the Texas Rules of Appellate Procedure and difficulty communicating 

with the client during the holidays. Appellants’ failure to timely file the notice of appeal was not 

deliberate or intentional, but was the result of inadvertence, mistake, or mischzmce. 

5. As shown by the attached certificate of conference, H. Emerson Grogro, attorney 

for Appellants, conferred with counsel for Appellee CHARLES FARMER and Appellee does 

not oppose this motion to extend time. 

WHEREFORE, DAVID THOMPSON, Individually and as Next Friend of BRYSON 

TOLER, a Minor, Appellants, respectfully pray that this Court grant them an extension of time to 

file a notice of appeal under Rule of Appellate Procedure 26.3, and for such other and fiirther 

relief to which they are justly entitled. 

Respectfiilly submitted, 

BANNWART & ASSOCIATES, P.C. 

By: A THONY L. BANNWART 

State Bar No.2 00792344 

H. EMERSON GROGRO 

State Bar No. 24087634 

7322 Southwest Frwy., Ste. 1510 

Houston, Texas 77074 

Tel: (713) 807-0020 

Fax: (713) 807-0040 

anthony@barmwartlawfirm.com 

emerson.gmgro@bannwartlawfirm.com 

ATTORNEYS FOR PLAINTIFFS
CERTIFICATE OF CONFERENCE 

I certify that I conferred with Mr. R. J. Blue, attorney of record for Defendant CHARLES 

FARMER via telephone on J anuaxy 14, 2015 about this motion and that Defendant is unopposed 

to this Motion to Extend Time to File Notice of Appeal. 

BANNWART & ASSOCIATES, P.C. 

/ //1% ~./ 

’1;./ EMERSON GROGRO

~ 

ATTORNEYS FOR PLAINTIFFS
CERTIFICATE OF SERVICE 

This is to certify that a true and correct copy of the above and foregoing Plaintiffs’ 

Motion to Extend Time to File Notice of Appeal has this day been sent via electronic filing 

and/or facsimile to Mr. R. J. Blue, attorney of record for Defendant CHARLES FARMER, at 

Soulé, Baldwin & Fanaff, 11200 Richmond, Suite 250, Houston, Texas 77082, (281) 752-6329 

(fax). 

SIGNED this 14"‘ day of January, 2015. 

BANNWART & ASSOCIATES, P.C. 

“H”. 

/, 2//ea EMERSONVGROGRO 

ATTORNEYS FOR PLAINTIFFS
Cause No. 2011-16031 

DAVID THOMPSON, Individually and IN THE DISTRICT COURT 

as Next Friend of BRYSON TOLER, 

a Minor, 

Plaintiffs, 

v. HARRIS COUNTY, TEXAS 

CHARLES NEIGHBOR and 

CHARLES FRIEND 

<aO'>OO'36O'3€o00@>€47J60>OO'>50'3<AO'3=o<70fAO° 

Defendants. 334T" JUDICIAL DISTRICT 

PLAINTIFFS’ NOTICE OF APPEAL 

TO THE HONORABLE JUDGE OF SAID COURT: 

COME NOW, Plaintiff DAVID THOMPSON, Individually and as Next Friend of 

BRYSON TOLER, a Minor, pursuant to Rule 25.1 of the Texas Rules of Appellate Procedure, 

and file this Notice of Appeal, and in support hereof would respectfully show as follows: 

1. Plaintiff DAVID THOMPSON, Individually and as Next Friend of BRYSON 

TOLER, a Minor, desires to appeal from the final judgment signed by this Court on October 3, 

2014. 

2. Plaintiff DAVID THOMPSON, Individually and as Next Friend of BRYSON 

TOLER, a Minor, appeals to either the First or the Fourteenth Court of Appeals.
Respectfully submitted, 

State Bar No. 24087634 

7322 Southwest Frwy., Ste. 1510 

Houston, Texas 77074 

Tel: (713) 807-0020 

Fax: (713) 807-0040 

anthony@bannwartlawfirm.com 

eme1son.grogro@bannwartlawfirm.com 

ATTORNEYS FOR PLAINTIFFS
LOCAL RULE NOTICE OF AND ASSIGNMENT OF RELATED CASE IN APPEALS 

As required by the Local Rules Relating to the Assignment of Related Cases to and 

Transfers of Related Cases between the First and Fourteenth Courts of Appeals, I certify that the 

following related appeal or original proceeding has been previously filed in either the First or 

Fourteenth Court of Appeals: 

X None T Caption: 

Trial Court 

case number: 

Appellate court 

case number: 

SIGNED this 14"‘ day oflanuary, 2015. 

BANNWART & ASSOCIATES, RC. 

ATTORNEYS FOR PLAINTIFFS
CERTIFICATE OF SERVICE 

This is to certify that a true and correct copy of the above and foregoing Plaintiffs’ Notice 

of Appeal has this day been sent via electronic filing and/or facsimile to Mr. R. J. Blue, attorney 

of record for Defendant CHARLES FARMER, at Soulé, Baldwin & Fanaff, 11200 Richmond, 

Suite 250, Houston, Texas 77082, (281) 752-6329 (fax). 

SIGNED this 14“‘ day of January, 2015. 

BANNWART & ASSOCIATES, P.C. 

7.7” ——. 

H./EME'RSON‘{:(R6GRO 

ATTORNEYS FOR PLAINTIFFS

/

/ 

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