CAUSE NO. 04-14-00735-CV

_____________________________________________________

IN THE COURT OF APPEALS

FOR THE

FOURTH JUDICIAL DISTRICT

SAN ANTONIO, TEXAS

Brian C. Simcoe, Appellant

v.

Thomas Christopher and Catrina Christopher, Appellees

_____________________________________________________

APPEAL FROM THE 45TH JUDICIAL DISTRICT COURT

BEXAR COUNTY, TEXAS

HONORABLE JUDGE BARBARA HANSON NELLERMOE, JUDGE PRESIDING

FIRST MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF

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

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 03/19/2015 2:02:46 PM KEITH E. HOTTLE Clerk
TO THE HONORABLE FOURTH COURT OF APPEALS:

Pursuant to TEX. R. APP. P. 10.1 and 38.6(d), the Appellees, 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 need 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 reasons set forth above, 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 to 

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

CERTIFICATE OF CONFERENCE

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 Christopher
CERTIFICATE OF SERVICE

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

Party: Adria Joy Simcoe, Pro Se

Address of Service: 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

Attorney for Appellees 

Thomas and Catrina Christopher