Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 9/10/2015 12:45:08 PM JEFFREY D. KYLE Clerk CAUSE NUMBER 03-15-00128-CV THIRD COURT OF APPEALS 9/10/2015 12:45:08 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00128-CV *1 ACCEPTED [6865755] CLERK IN THE COURT OF APPEALS FOR THE THIRD COURT OF APPEALS DISTRICT AUSTIN, TEXAS TEDDE R. BLUNCK, Appellant, V.
CATHY A. BLUNCK, Appellee. ON APPEAL FROM THE 22 ND DISTRICT COURT, HAYS COUNTY, TEXAS
TRIAL COURT CAUSE NO. 11-1217 APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S REPLY BRIEF TEDDE R. BLUNCK, PRO SE 502 QUITMAN STREET P O BOX 1152 PITTSBURG, TEXAS 75686 TELEPHONE: (903) 855-8460 TELECOPIER: (903) 855-8465 E-MAIL: TBLUNCK@YAHOO.COM *2 Identity of Parties and Counsel Appellant/Petitioner: Petitioner/Appellant’s Appellate Counsel:
Tedde R. Blunck, Pro Se 502 Quitman Street P O Box 1152 Pittsburg, Texas 75686 Telephone: (903) 855-8460 Telecopier: (903) 855-8465 E-mail: tblunck@yahoo.com Appellee/Respondent: Respondent/Appellee’s Appellate Counsel:
Mr. Karl E. Hays State Bar No. 09307050 Law Office of Karl E. Hays, PLLC 2101 South Highway 35, Suite 210 Austin, Texas 78741 E-mail: Service@haysfamilylaw.com *3 TO THE HONORABLE THIRD COURT OF APPEALS:
Pursuant to T EX . R. A PP . P. 10.1 and 38.6(d), the Appellant Tedde R. Blunck, files
this First Motion to Extend Time to File Appellant’s Reply Brief. This motion is not
opposed by Appellee.
Appellant’s Reply Brief is currently due on September 17, 2015.
Appellant requests a 15-day extension of time to file its reply brief, making the
brief due on October 2, 2015. This is the first request for extension of time to file the
reply brief.
Appellant relies on the following reasons, in addition to the routine matters that
Appellant as a practicing attorney must attend to in daily practice, to explain the need for
the requested extension:
Appellant was out of the state assisting his 90 year old mother move from
Iowa to Arizona and away from his office at the time the Appellee’s Brief
was filed. The Appellee’s Brief was initially rejected by the Court. The
Appellee’s Brief was resubmitted the same day. The Appellant did not
receive notice from the Court that the Appellee’s Brief had been accepted.
Appellant returned to his office Wednesday September 9, and logged on the
Court’s website and learned that the Appellee’s Brief had been accepted by
the Court on August 28, the same day it was resubmitted. The date the
Reply Brief is now due is September 17. One week is not sufficient for the
Appellant to prepare a cogent and succinct reply brief.
Appellant seeks this extension of time to be able to prepare a cogent and succinct
reply brief to aid this Court in its analysis of the issues presented. This request is not
sought for delay but so that justice may be done.
The undersigned has conferred with opposing counsel, and he is not opposed to
the requested extension.
*4 All facts recited in this motion are within the personal knowledge of the Appellant
signing this motion, therefore, no verification is necessary under Rule of Appellate
Procedure 10.2.
PRAYER FOR RELIEF For the reasons set forth above, Appellant requests that this Court grant this First
Motion to Extend Time to File Appellant’s Reply Brief and extend the Deadline for
Filing the Appellant’s Reply Brief to October 2, 2015. Appellant requests all other relief
to which he may be entitled. Respectfully submitted, ____________________________________ Tedde R. Blunck 502 Quitman Street P O Box 1152 Pittsburg, Texas 75686 E-mail: tblunck@yahoo.com Pro Se *5 C ERTIFICATE OF C ONFERENCE Pursuant to Tex. R. App. P. 10.1(5), I certify that I conferred with counsel for
Appellee regarding this motion and that Appellee is not opposed to this motion.
Tedde R. Blunck C ERTIFICATE OF S ERVICE Pursuant to Tex. R. App. P. 9.5, I certify that on September 10, 2015 I served a
copy of this motion by e-service to the following counsel:
Mr. Karl E. Hays
State Bar No. 09307050
Law Office of Karl E. Hays, PLLC
2101 South Highway 35, Suite 210
Austin, Texas 78741
E-mail: service@haysfamilylaw.com
Counsel for Appellee
Tedde R. Blunck