Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 10/22/2015 2:24:29 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00670-cv FIRST COURT OF APPEALS HOUSTON, TEXAS 10/22/2015 2:24:29 PM CHRISTOPHER PRINE CLERK No. 01-15-00670-CV I N T HE C OURT OF A PPEALS F OR T HE F IRST D ISTRICT OF T EXAS The Estate of Donald H. Williams, Deceased
On Appeal from the Probate Court No. 3 Harris County, Texas Tr. Ct. No. 427,929 MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF TO THE FIRST COURT OF APPEALS:
Appellant, Tracy L. Dampier, files this motion for extension of time to
file Cross Appellees’ Brief under Rules 10.1, 10.5(b), and 38.6(d) of the
Texas Rule of Appellate Procedure, and requests the Court to extend the
deadline for filing the appellants’ brief from September 14, 2015 until
November 30, 2015. In support of this motion appellant shows:
I.
This is an appeal from final summary judgment in an heirship
proceeding. The order appealed from was signed on May 7, 2015 . A motion
for new trial was filed. The notice of appeal was filed on July 30, 2015. The
clerk’s record was filed on August 14, 2015. This is a summary judgment
proceeding and therefore there is no reporter’s record. Appellant’s brief
was due on September 14, 2015.
II.
This is appellant’s first request for an extension of time to file
Appellant’s Brief.
III.
The undersigned Timothy Hootman has been involved in the
following matters that have interfered with completion of the brief:
• No. 01-15-00344-CV; Jackson v. Jefferson ; First Court of
Appeals, Houston – Appellant’s Brief filed August 29, 2015.
• No. 04-15-00152-CV; Barrera v. HEB Grocery Company, LP ;
Fourth Court of Appeals, San Antonio – Appellant’s Brief filed
September 8, 2015.
• No. 15-50618; Med RX/Systems, P.L.L.C. v. Texas Department
of State Services ; United States Court of Appeals for the Fifth
Circuit, New Orleans – Appellant’s Brief filed September 18,
2015.
• No. 24681; KB Structures v. Jannise ; 253th Judicial District,
Chambers County, Texas – jury trial from September 21 thru
23, 2015.
• No. PD-1292-15; Alvarado v. State ; Texas Court of Criminal
Appeals, Austin – Petition for Discretionary Review filed on
September 30, 2015.
• No. 10-14-00244-CV; Caldwell v. Wright ; Tenth Court of
Appeals, Waco – Appellee’s Brief filed October 7, 2015.
• No. 01-15-00715-CV; In re CVR Energy, Inc .; First Court of
Appeals, Houston – court ordered response to petition for writ
of mandamus filed October 9, 2015.
• No. 14-15-00004-CV; Miller v. Debo Homes, LLC ; Fourteenth
Court of Appeals, Houston – Cross Appellee’s Brief filed on
October 15, 2015.
• No. 01-15-00345-CV; City of Pearland v. Contreras ; First Court
of Appeals, Houston – oral arguments set for October 27, 2015.
• No. 14-15-00283-CV; City of Anahuac v. Morris ; Fourteenth
Court of Appeals, Houston – oral arguments set for November
3, 2015.
WHEREFORE, appellant, Tracy L. Dampier, pray that this motion be
granted and that the Court extend the time to file Appellant’s Brief from to
September 14, 2015 until November 30, 2015.
Respectfully submitted, /s/Timothy A. Hootman Timothy A. Hootman SBN 09965450 2402 Pease St Houston, TX 77003 713.247.9548; 713.583.9523 (f) Email: thootman2000@yahoo.com A TTORNEY FOR A PPELLANT , T RACY L. D AMPIER *4 C ERTIFICATE OF S ERVICE
I hereby certify that, in accordance with Rule 9.5 of the Texas Rules of
Appellate Procedure, I have served the forgoing document upon the following
attorneys by electronic service:
Kathleen H. Boll
Charlie Henke
H ENKE L AW F IRM , LLP
3200 Southwest Frwy, 34 th Fl.
Houston, TX 77027
kboll@henkelawfirm.com
Dated: October 22, 2015.
/s/Timothy A. Hootman_____ Timothy A. Hootman C ERTIFICATE OF C ONFERENCE
The undersigned has attempted to communicate with opposing counsel
regarding this motion by telephone and email. Opposing counsel was unavailable
and has not yet responded. When a response is forthcoming a supplement
certificate of conference will be filed.
/s/ Timothy A. Hootman Timothy A. Hootman