Case Information

*0 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 02/20/2015 11:53:49 PM KEITH E. HOTTLE Clerk *1 ACCEPTED 04-14-00820-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 2/20/2015 11:53:49 PM KEITH HOTTLE CLERK NO. 04-14-00820-CV

IN THE FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS BUDDY CASTEEL AND JARET B. CASTEEL

V.

AMELIA STAYTON AND MELISSA RAY BAUGH APPELLANTS’ UNOPPOSED SECOND MOTION

FOR EXTENSION OF TIME TO FILE OPENING BRIEF TO THE HONORABLE COURT OF APPEALS:

Appellants, BUDDY CASTEEL AND JARET B. CASTEEL, respectfully

present their Second Motion for Extension of Time to file their Opening Brief

under T EX . R. A PP . P. 38.6(d), and would respectfully show the Court as follows:

I.

This is an accelerated appeal. Appellants’ Brief was due on February 19,

2015 and this Court stated it would not grant leave to file the brief beyond that

time barring exigent circumstances.

II.

On February 18, 2015, the undersigned’s son for whom he has full custody

broke his elbow from being hit by a baseball at school. The undersigned then was

out of the office on February 19, 2015 attending to his son first at an urgent care

clinic and then at an orthopedist. This was a totally unforeseen circumstance that

delayed completion of the brief that day.

III.

In light of this unforeseen circumstance, Appellants ask this Court to extend

the time to file Appellants’ Opening Brief for one day up to and including

February 20, 2015.

IV.

This motion is not brought for purposes of delay but solely that justice may

be served.

WHEREFORE, PREMISES CONSIDERED, Appellants BUDDY

CASTEEL AND JARET B. CASTEEL ask the Court to extend the time to file

their opening brief one day until February 20, 2015. Appellants pray for such

other relief to which they may be entitled consistent with this Court’s decision.

Respectfully submitted, /s/ Christopher J. Deeves CHRISTOPHER J. DEEVES State Bar No. 00790575

THE LAW OFFICE OF CHRISTOPHER DEEVES, P.C. 1370 Pantheon Way, Suite 110 San Antonio, Texas 78232 (210) 445-8807 (210) 501-0915 (fax) e-mail: chrisdeeves@att.net ATTORNEY FOR

APPELLANTS

BUDDY CASTEEL AND

JARET B. CASTEEL *4 CERTIFICATE OF CONFERENCE

The undersigned hereby certifies that he conferred with opposing counsel for

Appellees on February 19, 2015 and this motion is not opposed.

.

/ s/ Christopher J. Deeves CHRISTOPHER J. DEEVES CERTIFICATE OF SERVICE

This will certify that a true and correct copy of the above and foregoing

document was served as indicated to the following counsel of record listed below

on February 20, 2015:

Bobby Jack Rushing

The Rushing Law Firm, PLLC

808 London St.

Castroville, TX 78009

Via Facsimile or Electronic Service :

ATTORNEY FOR APPELLEES

AMELIA STAYTON AND MELISSA RAY BAUGH

/ s/ Christopher J. Deeves CHRISTOPHER J. DEEVES