Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 10/15/2015 2:05:51 PM JEFFREY D. KYLE Clerk No. 03-07-123456-CV THIRD COURT OF APPEALS 10/15/2015 2:05:51 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00474-CV *1 ACCEPTED [7393174] CLERK In The Court Of Appeals For The Third Court Of Appeals District Austin, Texas MATTHEWS, ERMA J. Appellant, v.
JEROME SOLOMON c/o EPOCH FILMS INC., MINDY GOLDBERG AND
OTHERS Appellee.
ON APPEAL FROM THE 423rd DISTRICT COURT, BASTROP COUNTY,
TEXAS TRIAL COURT CAUSE NO. 423-3470 APPELLANT’S FIRST MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF ERMA J. MATTHEWS 25491 BERESFORD DRIVE SOUTH RIDING, VIRGINIA 20152 Telephone: (571) 933-8413 FAX: SAME APPELLENT Identity of Parties and Counsel Appellant/Plaintiff: Plaintiff/Appellant’s
Appellate Pro Se:
25491 Beresford Drive
South Riding, Virginia
20152
(571) 933-8413
Appellee/Defendant: Defendant/Appellee’s
Appellate Counsel:
Noah Galton, Jackson Walker LLP
100 Congress Avenue, Ste. 1100 Austin, Texas 78701 TO THE HONORABLE THIRD COURT OF APPEALS:
Pursuant to TEX. R. APP. P. 10.1 and 38.6(d), the Appellant, ERMA J.
MATTHEWS, files First Motion to Extend Time to File Appellant’s Brief.
Erma J. Matthews’s opening brief is currently due on October 21, 2015.
Appellant, Erma J. Matthews requests a 30-day extension of time to file its brief,
making the Brief due on November 21, 2015. This is the first request for extension of time to
file the opening Brief.
Erma J. Matthews relies on the following reasons, for the need for the requested
extension:
▸ Appellants health issues affect her ability on multiple levels; whereas she
remains positive to not allowing her disabilities to affect her life, it is sometimes
unavoidable. Being that I am disabled I have to set aside (both planned and
unplanned) a considerable amount of time to deal with ongoing health concerns.
▸ Also Appellants cerebrum stroke she suffered is a major part in the delay of her
brief being in on the required time limit.
▸ Lastly but not least being that Appellant is Pro Se and has no prior knowledge of
the Appellate process is finding her way, the amount of the records is taking more
time for Appellant to decipher through, is waiting to hear back from the Clerk’s
office on a couple of concerns and is still researching various cases.
Appellant, Erma J. Matthews therefor 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 attempted to conferred with Noah Galton, counsel for the
Defendant/Appellee, to determine their position on the substance of the motion but
has not received a response back before the completion of my motion.
All facts recited in this motion are within the personal knowledge of the Appellant
Pro Se, signing this motion; therefore no verification is necessary under Texas
Rule of Appellate Procedure 10.2.
PRAYER FOR RELIEF For the reasons set forth above, Appellant requests that this Court grant this First
Motion to Extend Time to File Appellant’s Brief and extend the deadline for filing
the Appellant’s Brief up to and including November 21, 2015. Appellant, requests all
other relief to which it may be entitled. Respectfully submitted, Erma J. Matthews *4 25491 Beresford Drive South Riding, Virginia 20152 Telephone: (571) 933-8413 CERTIFICATE OF CONFERENCE Pursuant to TEX. R. APP. P. 10.1(5), I certify that the undersigned have made
reasonable attempts to confer with the other parties to determine their position on
the substance of the motion with opposing counsel but have not received a reply. Erma J. Matthews CERTIFICATE OF SERVICE Pursuant to TEX. R. APP. P. 9.5, I certify that on October__ _13th__, 2015, a copy
of this motion was efiled, to the 3 rd Court of Appeals and Attorney for Defendant’s Mr. Noah Galton.