Weaks v. White 

Request for Extension 

 

PAGE 1

CASE 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 COURT:

 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

CLERK

 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 11/2/2015 11:12:03 AM PAM ESTES Clerk
Weaks v. White

Request for Extension

 

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reasonable explanation for the need for additional time is that the undersigned counsel for 

Appellants 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 appear in the 321

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 cancer. 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 prelude to beginning radiation treatments. Thus, the 

undersigned has been involved in conferring with his doctors and reviewing the written 

information provided to him in order to determine the most reasonable course of 

treatment. It should go without saying that the shock of receiving a cancer diagnosis, and

then the follow-up process of determining, and then beginning, a course of treatment has 

greatly hindered, and over the next several days will continue to hinder, the undersigned 

in properly preparing a motion for rehearing. 

Thus, it is requested that the time for filing Appellants' motion for rehearing be extended 

an additional 15 days to November 20, 2015. 

4. The short extension of time requested herein for filing Appellants' motion for rehearing

will not significantly delay the appellate process, and no harm will result to the Appellee 

as a result of this extension of time. 
Weaks v. White

Request for Extension

 

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 WHEREFORE, the Appellants request that this Court enter an order extending the 

time for filing Appellants' brief to the 20th day of November, 2015.

 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, Texas 75751

Telephone: (903) 675-7990

Fax: (903) 670-3424

 Email: aubreyjoneslaw@embarqmail.com

 ATTORNEY FOR APPELLANTS

CERTIFICATE OF SERVICE

This will certify that a true and correct copy of the above Appellants’ request for 

extension of time for filing brief has been served on Appellee’s attorney of record, Ms. Jane 

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

Signed this __2nd____ day of __November_____, 2015.

 /s/ Aubrey L. Jones, Jr.

_________________________________

Aubrey L. Jones, Jr.