C AUSE N O

. 04

- 14

- 00735

- CV

___________________________________________________ __

I N THE C OURT OF A PPEALS

F OR T HE

F OURTH J UDICIAL D ISTRICT

S AN A NTONIO , T EXAS

Brian C. Simcoe, Appellant

v.

Thomas Christopher and Catrina Christopher, Appellees

_____________________________________________________

A PPEAL F ROM T HE 45 TH J UDICIAL D ISTRICT C OURT

B EXAR C OUNTY , T EXAS

H ONORABLE J UDGE B ARBARA H ANSON N ELLERMOE , J UDGE P RESIDING

F IRST M OTION TO E XTEND T IME TO F ILE A PPELLEE ’ S B RIEF

James A. Rodriguez

Law Office of James A. Rodriguez

SBN: 24057667

540 S. St. Mary’s Street

San Antonio, Texas 78205

Phone: (210) 581

- 3990

Fax: (210) 224

- 8214

Email: james@rodriguezlaw.us

Attorney for Appellees ACCEPTED

04-14-00735-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

3/19/2015 2:02:46 PM

KEITH HOTTLE

CLERKTO THE HONORABLE FOURTH COURT OF APPEALS:

Pursuant to T EX . R. A PP . P. 10.1 and 38.6(d), the Appellee s

, Thomas and Catrina

Christopher, file this First Motion to Extend Time to File Appellee ’s Brief.

Appellee’s brief is currently due on March 23, 2015

.

Counsel for Appellee requests a two

- week extension of time to file its brief,

making the brief due on April 6, 2015 . This is the first request for extension of time to

file the Appellee’s brief.

Counsel for Appellee relies on the following reasons, in addition to the routine

matters that counsel must attend to in daily practice, to explain the n eed for the requested

extension :

Counsel for Appellant/Appellee was absent from his office for two weeks

in the month of March for medical reasons. As a result of this absence, and

as a result of pressing matters in several cases pending in the District

Courts of Bexar, Guadalupe, Williamson, and Uvalde Counties, he will

not be able to prepare the brief in time to meet the Court’s briefing

deadline absent an extension.

Counsel for Appellee seeks this extension of time to be able to prepare a cogent

and succinct brief to aid this Court in its analysis of the issues presented. This request is

not sought for delay but so that justice may be done.

The undersigned has conferred with opposing counsel, but opposing counsel has

stated that she cannot agree to the filing of an unopposed motion to extend time

.

All facts recited in this motion are within the personal knowledge of the counsel

signing this motion, therefore no verification is necessary under Rule of Appellate

Procedure 10.2.PRAYER FOR RELIEF

For the reason s set forth a b ove, Appellee requests that this Court grant this First

Motion to Extend Time to File Appellee’s Brief and extend the Deadline for Filing the

Appellee’s Brief up to and including April 6, 2015 . Appellee prays for all other relief t o

which it may be entitled.

Respectfully Submitted,

______________________________ James A. Rodriguez

State Bar No. 24057667

540 S. St. Mary’s Street

San Antonio, Texas 78205

Phone: (210) 581

- 3990

Fax: ( 210) 224

- 8214

Email: james@rodriguezlaw.us

Attorney for Appellees

Thomas and Catrina Christopher

C ERTIFICATE OF C ONFERENCE

I certify that I conferred with counsel for Appellant regarding this First Motion to

Extend Time to File Appellee ’ s Brief prior to filing

.

______________________________ James A. Rodriguez

State Bar No. 24057667

Attorney for Appellees

Thomas and Catrina ChristopherC ERTIFICATE OF S ERVICE

I certify that a true copy of the foregoing First Motion to Extend Time to File

Appellee’s Brief was served on each party or that party’s lead counsel in accord with the

Texas Rules of Appellate Procedure on March 19 , 2015, as follows:

Party: Brian C. Simcoe

Lead Attorney: Sarah Anne Lishman

Address of Service: 310 S. St. Mary’s St., Suite 845

San Antonio, Texas 78205

Method of Service: Fax to (210) 308

- 5669

, Email to sarahanne.jgrahamlaw@yahoo.com

Date of Service: March 19 , 2015

Part y : Adria Joy Simcoe, Pro Se

Address of Se rvice: 115 Osprey Haven

San Antonio, Texas 78253

Method of service: Email to adriasimcoe@yahoo.com, per request

Date of Service: March 19 , 2015

______________________________ James A. Rodriguez

State Bar No. 24057667

Attor ne y for Appellees

Thomas and Catrina Christopher