Case Information
*0 ------------------------ V O I D K ------------------------
FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 3/16/2015 3:50:24 PM CHRISTOPHER A. PRINE Clerk FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 3/16/2015 3:50:24 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00060-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 3/16/2015 3:50:24 PM CHRISTOPHER PRINE CLERK
Daryl Barnes
March 16 th ,2015
ECF
Re: Daryl Barnes et.al.,
V
Kevin Fulton and National Housing Development Corporation
Civil Action No. 01-15-00060
I am counsel pro se in the afore mentioned cause of action styled and captioned.
Appellants Daryl Barnes and Demeatrice Goff hereby moves the Court, pursuant to
Rule 10.5 (b) of the T.R.A.P., Texas Rules of Appellate Procedure , for an
extension of time of thirty days in which to file their Brief. The Brief currently is
due , March 19 th , 2015.
This is the appellant’s first request for an extension of time. If the Court grants this
request, the Brief will be due on Wednesday, April 19 th 2015.
The Record in this case is very long.. The transcripts have not been filed because
of non payment. the petitioners are pro se and unable to pay for the transcripts and
need time to gather the funds.
There are numerous exhibits, indeed the record on appeals itself is an exhibit.
Appellate counsel wish to ensure the Court is as fully briefed as possible
Acquisition of the Record in this case has necessitated more time than counsel
anticipated.
The Petitioners has not established their status as being indigent we only found out
thru the rejection of a legal document we attempted to file on March 14 th 2015.
Although we did receive a request from the honorable court that we establish
indigence, petitioners thought that by forwarding the Affidavit Of Indigence
already filed and established in the 129 th district court Harris County, TX
After speaking with the clerk of court we now understand what we must do to
remedy the situation..
The Appellants also would like the court to make rulings on a motion that the
petitioners attempted to file on March 14 2015, which cannot be filed until status
of indigency has been established.
The petitioners are cognizant that the Court disfavors extensions of time and rarely
grants those greater than fourteen days. But given the voluminous Record and the
importance of briefing of the highest quality to at least the petitioner’s liberty and
the Court’s decision-making process, the appellant requests thirty days to make
certain that the issues on appeal are fully briefed and presented well to the Court.
Accordingly, this Court should extend the time in which to file the Brief of the
Appellant until April 19 2015.
Wherefore, Appellant s Daryl Barnes and Demeatrice Goff respectfully requests an
extension of time of thirty days in which to file his Brief.
Respectfully submitted,
March16th, 2015
Daryl Barnes /s/Daryl Barnes
Demeatrice Goff /s/ Demeatrice Goff
7741 James Franklin
Houston, Tx 77088
Email: dbarnes.humble@gmail.com
Email: dgoff.humble@gmail.com
Phone (832)988-0403
Respectfully Submitted
Cc all attorneys of record
Daryl Barnes /s/ Daryl Barnes
dbarnes.humble
832-988-0403
Certificate of Service
As required by Texas Rule of Appellate Procedure 6.3 and 9.5(b), (d), (e), I
certify that I have served this document on all other parties which are listed below
on March 16 2015 as follows:
defendant[Kevin Fulton]
Attorney for Defendant Kevin Fulton Valex Duke Amos
By fax email ECF
Defendant National Housing Development Corporation
General Counsel Phillip Lee
9421 Haven Avenue
Rancho Cucamonga, CA 91730
Phone: (909) 483-2444
Fax: (909) 483-2448
By Email Fax and ECF