*0 RECEIVED IN 1st COURT OF APPEALS HOUSTON, TEXAS 1/14/2015 3:13:30 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED N/A

FIRST COURT OF APPEALS HOUSTON, TEXAS 1/14/2015 3:13:30 PM CHRISTOPHER PRINE CLERK Cause No.

DAVID THOMPSON, Individually and IN THE FIRST DISTRICT § as Next Friend of BRYSON TOLER, §

a Minor, §

Appellants, § § COURT OF APPEALS

V. § § CHARLES NEIGHBOR and §

CHARLES FRIEND §

§ HOUSTON, TEXAS

Appellees. §

On from the 334"‘ District Court of Harris County, Texas

PLAINTIFFS’ MOTION TO EXTEND TIME TO FILE NOTICE OF APPEAL

TO THE HONORABLE FIRST COURT APPEALS:

DAVID THOMPSON, Individually and as Next Friend of BRYSON TOLER, a Minor,

Appellants here and Plaintiffs below, move Court to extend time to ﬁle their notice of appeal

pursuant to Texas Rule of Procedure 26.3, and in support hereof would respectfully

show as follows: On October 3, 2014, the 334“' District Harris County, Texas, signed a

final judgment in Cause No. 2011-16031, DA VID THOMPSON, Individually as Next Friend BRYSON TOLER, a Minor, Plaintﬁ v. NEIGHBOR CHARLES FRIEND,

Defendants. Appellants timely ﬁled Motion New Trial on October 31, 2014. Appellants’

Notice was originally due be ﬁled in the trial court on January 2015. Appellants ﬁled in trial court their of Appeal on Januzny 14, 2015,

which was within ﬁfteen days the date notice was originally due be ﬁled. A copy of notice is attached motion. *2 The of was not timely ﬁled because of a miscalculation of the

appellate deadlines under the Texas Rules of Appellate Procedure and difficulty communicating

with the client during the holidays. Appellants’ failure timely ﬁle the notice of appeal was not

deliberate or intentional, but was result of inadvertence, mistake, or mischzmce. As shown by attached certiﬁcate of conference, H. Emerson Grogro, attorney

for Appellants, conferred with counsel for Appellee FARMER and Appellee does

not oppose motion extend time.

WHEREFORE, DAVID THOMPSON, Individually and as Next Friend BRYSON

TOLER, a Minor, Appellants, respectfully pray grant them an extension time to

ﬁle notice under Rule Procedure 26.3, such other ﬁirther

relief which they are justly entitled.

Respectﬁilly submitted, BANNWART & By:

A THONY L. BANNWART State Bar No.2 00792344 H. EMERSON GROGRO State Bar No. 24087634 Southwest Frwy., Ste. 1510 77074 807-0020 Tel: Fax: (713) anthony@barmwartlawﬁrm.com emerson.gmgro@bannwartlawﬁrm.com

CERTIFICATE CONFERENCE I certify that I conferred with Mr. R. J. Blue, attorney record Defendant CHARLES

FARMER via telephone on J anuaxy about motion Defendant is unopposed Motion Extend Time File Appeal.

BANNWART & ~ / //1% ~./ ’1;./ EMERSON GROGRO

CERTIFICATE SERVICE This is to certify that a true correct copy the above and foregoing Plaintiffs’

Motion to Extend Time to File has this day been sent via electronic ﬁling

and/or facsimile Mr. R. J. Blue, attorney record Defendant FARMER, at

Soulé, Baldwin & Fanaff, Richmond, Suite 77082,

(fax).

SIGNED this 14"‘ day January,

BANNWART & 2//ea /, “H”. EMERSONVGROGRO

Cause No.

DAVID THOMPSON, Individually and IN THE DISTRICT COURT

as Next Friend of BRYSON TOLER,

a Minor,

Plaintiffs, <aO'>OO'36O'3€o00@>€47J60>OO'>50'3<AO'3=o<70fAO° HARRIS COUNTY, TEXAS

CHARLES NEIGHBOR and FRIEND 334T" JUDICIAL DISTRICT

Defendants. PLAINTIFFS’ NOTICE OF APPEAL TO THE HONORABLE JUDGE SAID COURT:

COME NOW, Plaintiff DAVID THOMPSON, Individually and as Next Friend of

BRYSON TOLER, a Minor, pursuant Rule 25.1 the Rules of Procedure,

and ﬁle Appeal, and in support hereof would respectfully show as follows: Plaintiff DAVID THOMPSON, Individually as Next Friend BRYSON

TOLER, a Minor, desires from the ﬁnal judgment signed by on October 3,

2014. Plaintiff DAVID THOMPSON, Individually as Next Friend BRYSON

TOLER, Minor, appeals either First or Fourteenth Court of Appeals.

Respectfully submitted, State Bar No. 24087634 Southwest Frwy., Ste. 1510 77074 (713) 807-0020 Tel: Fax: anthony@bannwartlawﬁrm.com eme1son.grogro@bannwartlawﬁrm.com

LOCAL RULE NOTICE AND ASSIGNMENT OF RELATED CASE IN APPEALS

As required by the Local Rules Relating to the Assignment Related Cases to and

Transfers Related Cases between First Fourteenth Courts Appeals, I certify that the

following related or original proceeding has been previously ﬁled in either First or

Fourteenth Appeals:

X None

T Caption:

Trial Court

case number: court

case number:

SIGNED this 14"‘ day oflanuary, 2015.

BANNWART & RC.

CERTIFICATE SERVICE This is certify true correct copy of above foregoing Plaintiffs’ Notice has day been sent via electronic ﬁling and/or facsimile Mr. R. J. Blue, attorney record Defendant FARMER, at Soulé, Baldwin & Fanaff, Richmond,

Suite 77082, 752-6329 (fax).

SIGNED this 14“‘ day January,

BANNWART & 7.7” ——. / / By:

H./EME'RSON‘{:(R6GRO