Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 4/3/2015 4:47:41 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-13-00816-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 4/3/2015 4:47:41 PM CHRISTOPHER PRINE CLERK NO. 01-13-00816-CV In The First District Court of Appeals of Texas at Houston Retaka Romeo Nelson, Appellant vs. Shannon Brochette Nelson, Appellee
On Appeal From District Court No. 308, Cause 2012-04063 Harris County, Texas MOTION FOR EXTENSION OF TIME OR LEAVE TO AMEND
TO THE HONORABLE FIRST DISTRICT COURT OF APPEALS:
Appellant RETAKA ROMEO NELSON, pursuant to this court’s authority
under Tex. R. App. P. 49.8, 49.6, 10.5(b), and 10.1, moves this Court for:
1) extension of time to file the appellant motion for rehearing, or
2) leave to amend the motion for rehearing.
Appellant’s original motion for rehearing was already filed by the March 27, 2015
deadline, but a new deadline of April 13, 2015 will allow time to amend. This
Court has authority to grant leave to amend because appellant's motion for
rehearing is still pending. There have been no previous extensions or leaves
granted for filing either motion. Appellant’s attorney Leif Olson terminated his
representation and moved to withdraw during the initial 15-day period, over *2 appellant’s objection. This surprise curtailed the amount of time to prepare and
file motions pro se . An extension or requests for leave to amend were not filed by
March 27 2015, because appellant’s attorney Leif Olson advised that April 13,
2015 is the deadline to file a motion to extend the deadline to file a motion for
rehearing. See page two (2) of attorney Leif Olson’s motion to withdraw.
Additional time or leave to amend is needed to cure any defects or deficiencies in
appellant’s motion for rehearing , which is currently pending in this Court.
PRAYER WHEREFORE , Appellant requests this Court issue an order granting a 15-
day extension of time, or grant leave to amend, appellant’s motion for reheaing,
moving the deadline from March 27, 2015 to April 13, 2015. Appellant prays that
the Court grant the relief requested herein and such further relief, at law or in
equity, to which it may be entitled.
Respectfully Submitted, *3 CERTIFICATE OF COMPLIANCE Pursuant to Tex. R. App. P. 9.4, this is a computer-generated document that
may be subject to a word limit under this rule. I hereby certify that the number of
words in this document are 874. I have relied on the word count of the computer
program used to prepare the document.
In calculating the length of this document, every word and every part of the
document, including headings, footnotes, and quotations, have been counted except
the following: caption, identity of parties and counsel, statement regarding oral
argument, table of contents, index of authorities, statement of the case, statement
of issues presented, statement of jurisdiction, statement of procedural history,
signature, proof of service, certification, certificate of compliance, and appendix. *4 CERTIFICATE OF CONFERENCE As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I
have conferred, or made a reasonable attempt to confer, with all other parties,
which are listed below, about the merits of the above with the following results:
As of April 3, 2015, Shannon’s attorney Shari Goldsberry did not respond to
appellant’s outgoing email dated April 1, 2015, seeking any agreement or
opposition for a motion for extension of time to amend motion for rehearing, or a
motion for leave to amend motion for rehearing. *5 CERTIFICATE OF SERVICE I certify that a true copy of the all documents herein were served in
accordance with rule 9.5 of the Texas Rules of Appellate Procedure on each party
or that party’s lead counsel as follows:
Shannon Brochette Nelson Via Shari Goldsberry
PO Box 57765
Webster, TX 77598
Ph: (832) 240-6911
Email: sbnelson31@yahoo.com
Appellee
Shari Goldsberry Via E-Serve
Texas Bar No. 24038398
Marina Bay Dr. Suite #108
League City, TX 77573
Ph: (281) 533-3030
Fx: (281) 533-3033
Email: shari@goldsberrylaw.com
Attorney for Appellee
A copy of this notice is being filed with the appellate clerk in accordance
with rule 25.1(e) of the Texas Rules of Appellate Procedure. *6 LOCAL RULE NOTICE OF AND ASSIGNMENT OF RELATED CASE IN APPEALS As required by the Local Rules Relating to Assignment of Related Cases
to and Transfers of Related Cases between the First and Fourteenth Courts of
Appeals, I certify that the following related appeal or original proceeding has
been previously filed in either the First or Fourteenth Court of Appeals:
Original In the Court of Appeals From 308 th Judicial District Court
Proceeding: Harris County, Houston, Texas In Cause No. 2012-04063 In re Retaka Romeo Nelson, Relator Petition for Writ of Mandamus Emergency In re Retaka Romeo Nelson, Relator
Motion: From District Court No. 308, Cause 2012-04063
Harris County, Texas Emergency Motion to Stay Underlying Proceedings in Trial Court Pending Resolution of Mandamus Trial Court 2012-04063
case number:
Appellate Court 01-13-0484-CV
case number:
By: /s/ RETAKA NELSON