Case Information

*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 5/22/2015 10:13:56 AM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00092-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 5/22/2015 10:13:56 AM CHRISTOPHER PRINE CLERK IN THE COURT OF APPEALS FOR THE 1ST DISTRICT, AT HOUSTON, TEXAS

CAUSE NUMBER 01-15-00092-CV LYNNE M. JUREK, APPELLANT V.

JEFFREY S. SHANNON, II, APPELLEE Appealed from the 312TH Judicial District Court

of Harris County, Texas MOTION TO EXTEND TIME TO FILE APPELLANT’s BRIEF

Appellant Lynne M. Jurek asks the court to extend the time to file her

Appellant’s Brief.

A. Introduction 1. Appellant is Lynne M. Jurek.; Appellee is Jeffrey S Shannon, II.

2. No rule limits the time to file this motion to extend. TRAP 38.6. The parties have not agreed to this motion as Appellee has not responded to

the email correspondence sent prior to the filing of this request which is the only

method of service provided to the trial court by him.

B. Arguments and Authorities The court may grant an extension of time under Texas Rule of Appellate

Procedure 38.6. *2 The deadline to file the appellant’s brief is May 26, 2015.

6. Appellant requests an additional 30 days to file appellant’s brief, extending

the time until June 25, 2015. This case is a family property division case. The only issue presented on

appeal is whether the trial court erred in finding that “the taxes on the gross

distribution of Wife’s 401K are NOT related to the employment income and do not

fall under the language in the Divorce Decree and those taxes are to be paid 100%

by the Wife.”

6. After this notice of appeal was perfected, on February 18, 2015 the the trial

court court signed an order granting a new trial of a final and appealable clarification

order it entered on October 28, 2014. Appellant filed a timely request to vacate this

order granting new trial which was filed by Appellee, claiming it was entered after

the court lost plenary power. The trial court’s hearing the request to vacate this order

is scheduled for May 27, 2015. Should the trial court refuse to vacate the order,

additional grounds will need to be presented to the appellate court, as appellant feels

that this order for new trial (which is presently scheduled for July 27, 2015 and

includes the issue on appeal herein) is a void order for which relief from this court

will need to be sought as well

7. No extension has been granted to extend the time to file appellant’s brief.

Respectfully submitted, THE JUREK LAW GROUP, PLLC By: /s/Lynne M. Jurek Lynne M. Jurek State Bar ID Number: 11059250 Email: lmjurek@jureklaw.com 363 N. Sam Houston Parkway, E. Suite 1100 Houston, Texas 77060 Telephone: (713)230-8233 Facsimile: (713)230-8654 ATTORNEY FOR APPELLANT CERTIFICATE OF SERVICE I certify that on May 22, 2015 a true and correct copy of Appellant’s motion to extend time

to file appellant’s brief was served by email on Pro Se Appellee, Jeffrey S. Shannon at

jeff.rocktek@gmail.com, as trial counsel Kelly P. Joseph has informed Appellant that he is not representing Appellee at the appellate level.

/s/Lynne M. Jurek Lynne M. Jurek CERTIFICATE OF CONFERENCE I certify that on May 22, 2015 I contacted Pro Se Appellee, Jeffrey S. Shannon at

jeff.rocktek@gmail.com, to determine if he was opposed or agreeable to this motion. At the time of this filing, I did not receive a response to same.

/s/Lynne M. Jurek Lynne M. Jurek