Weaks v. White Request for Extension
PAGE 1 CA SE NO. 12-14 -00253
- CV

JERRY WEAKS and § IN THE COURT OF JOYCE WEAKS, APPEALS FOR TWELFTH COURT OF APPELLANT APPEALS DISTRICT OF TEXAS § V. §
KATHLEEN JEANETTE WHITE, §
APPELLEE §

MOTION TO EXTEND TIME FOR FILING MOTION FOR REHEARING

TO THE HONORABLE CO URT:

COME NOW JERRY WEAKS and JOYCE WEAKS, Appellants in this cause, who hereby move the Court for an extension of time for filing Appellants ' motion for rehearing, and in support of this motion respectfully show the following, to wit:
1. This Court issued its opinion affirming the trial court judgment on October 21, 2015. The Appellants wish to file a motion for rehearing.
2. If no extension of time is granted by this Court, the Appellants ’ motion for rehearing is to be filed by November 5, 2015 . No extension of time for filing the motion for rehearing
has been requested previously by Appellants or granted previously by this Court.
3. The undersigned attorney for the Appellants is working on the motion and expects to have it ready for filing shortly, but it appears that an extension of time will be needed. A ACCEPTED 12-14-00253-CV TWELFTH COURT OF APPEALS

TYLER, TEXAS 11/2/2015 11:12:03 AM

Pam Estes CLERKWeaks v. White Request for Ext ension
PAGE 2 reasonable explanation for the need for additional time is that the undersigned counsel for
A ppellants was already obligated to proceed in some other pending cases, including both
criminal and civil, which have required his time and attention. For instance, the undersigned was already obligated to app ear in the 32 1 st District Court in Smith County, Texas, on November 5, 2015, for a permanency hearing in that certain child custody and protective services case styled “ In the Matter of Brynlee Richards, ” for which the cause
number is 15

- 0902

- D . Of course, that date is the due date for the motion for rehearing in
the instant case

. However, of more immediate and severe concern for the undersigned is that , within the last several days, the undersigned has been diagnosed to have prostate ca ncer . The undersigned is scheduled during the week of November 2 through November 5 to have a bone scan and also a CT scan as a pre lude to beginning radiation treatments. Thus, the undersigned has been involved in conferring with his doctors and reviewing th e written
informatio n provided to him in order to determine the most reasonable course of

treatment. I t should go without saying that the shock of receiving a cancer diagnosis, and
then the follow

- up process of determining , and t hen beginning , a course of treatment has greatly hindered, and over the next several days will continue to hi nder, the undersigned in properly preparing a motion for rehearing. Thus, it is requested that the time for filing A ppellant s ' motion for rehearing be extended an additional 15 days to November 20 , 201 5

. 4. The short extension of time requested herein for filing A ppellant s ' motion for rehearing
wil l not significantly delay t he appellate process , and no harm will result to the A ppellee
as a result of this extension of time.Weaks v. White Request for Ext ension
PAGE 3 WHEREFORE, the Appellants request that this Court enter an order extending the time for filing A ppellant s ' brief to the 20 th day of No vember, 201 5

. Respectfully submitted, /s/ Aubrey L. Jones, Jr.

___________________________________ Aubrey L. Jones, Jr. Attorney at Law State Bar No. 10859100 P.O. Box 168 106 W. Tyler St. Athens, T exas 75751 Telephone: (903) 675

- 7990 Fax: (903) 67 0

- 3424 Email: aubreyjoneslaw@embarqmail.com
ATTORNEY FOR APPELLANTS

CERTIFICATE OF SERVICE

This will certify that a true and correct copy of the above Appellant s ’ request for extension of time for filing brief has been served on Appellee ’s attorney of record, M s. Jane
Parreiras

- Horta, in accordance with the Texas Rules of Appellate Procedure.

Signed this __ 2nd ____ day of

__ November _____, 20 1 5

.
/s/ Aubrey L. Jones, Jr.

_________________________________ Aubrey L. Jones, Jr.