Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 1/4/2018 10:09:45 AM JEFFREY D. KYLE Clerk

*1 ACCEPTED 03-17-00457-CV ^[21597052] THIRD COURT OF APPEALS AUSTIN, TEXAS 1/4/2018 10:09 AM JEFFREY D. KYLE

CA S E N O . 03 - 17 - 00457 - CV CLERK I N T H E C O UR T O F A PP E A L S T H I RD J UD I C I A L D I S T R I C T O F TE XA S A T AU S T I N , TE XA S T H E O D O R E S T I LL W ELL , A pp e ll a n t v . DA W N D . S T I LL W ELL , A pp e ll ee O n A pp e a l f r o m t h e 274 t h J ud i c i a l D i s t r i c t , H ay s C o un t y , T e xa s C a u s e N o . 14 - 1651 A PP ELL AN T ' S F I R S T M O T I O N T O E X TE ND T I M E T O F I LE A PP ELL AN T ' S B R I E F T O T H E HO N O RA BLE J U S T I C E S O F T H E C O UR T O F A PP E A L S : C O M E S NO W A pp e ll a n t , T h e odo r e S till w e ll , i n t h e i n t e r e s t o f c h il d r e n , a nd f il e

s t h i s h i s M o ti on t o E x t e nd T i m e t o F il e A pp e ll a n t ' s B r i e f , a nd i n s uppo r t t h e r e o f w ou l d r e s p ec t f u l l y s h o w u n t o t h i s C o u r t a s f o ll o w s :

I . B AC KG R O UND A PP ELL A N T ' S M O T I O N T O E X TE N D T I M E T O F I LE A PP ELL A N T ' S B R I E F - P ag e ^[1] *2 1. The reporter's record was filed on December 6, 2017. 2. The clerk's record was filed on September 15, 2017. 3. Appellant's brief is currently due on January 5, 2018. 4. This is the first request for an extension for filing Appellant's brief. No

prior requests have been made.

II.

ARGUMENT & AUTHORITIES This Court may extend the time to file Appellant's brief under the 1. authority of Rule 38.6( d) and 10.5(b) of the Texas Rules of Appellate Procedure. No rule limits the time within which a Motion to Extend may be filed. See Tex. R. App. P. 38.6(d). Appellant requests a first extension of an additional 30 days to file his brief, thereby extending the deadline until February 5, 2018, since the 4 th is on a Sunday, Appellant is noting the deadline as the 5 th per the calculation rules.

2. No previous extensions have been requested to extend the time to file Appellant's brief. 3. Appellant needs additional time to file his brief for the reasons that follow: a. This appeal is complex and contains novel argument and argument of first impression. *3 b. The record is extensive and contains 17 volumes. It takes more time to work through the issues and crystallize the most succinct way to argue them. After receiving the reporter's record on December 6, 2017, there was not enough time to complete the brief before the holiday season where part of the time me and my staff were on vacation.

Accordingly, Appellant requests the Court extend the time for him to file his brief. WHEREFORE, PREMISES CONSIDERED, Appellant, Theodore Stillwell, in the interest of children, respectfully requests that this Court grant his First Motion to Extend Time to File Appellant's Brief; extend the deadline for Appellant to file his brief until February 5, 2018; and grant Appellant all other relief, at law or in equity, to which he may be justly entitled.

Respectfully submitted,

LAW OFFICES OF IV AN FRIEDMAN

By: ls/Ivan Friedman Ivan Friedman P.O. Box 359 San Marcos, Texas 78667

SBN: 00785886

Tel: (512) 396-0046 Facsimile: (210) 227-5151 Email: law@ivanfriedman.com *4 COUNSEL FOR APPELLANT, Theodore Stillwell

CERTIFICATE OF CONFERENCE

This is to certify that, a conference was held on the 3 rd day of January, 2018, with the opposing party, on the merits of this motion and the opposing party does not oppose this motion.

ls/Ivan Friedman Ivan Friedman

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing document has been served upon all counsel of record on this the 3 rd day of January, 2018, in accordance with the Texas Rules of Appellate Procedure.

ls/Ivan Friedman - - - - - - - - - Iv an Friedman

VERIFICATION

*5 § ST A TE OF TEXAS ~~-~~ - § COUNTY OF -BALLA S § On this the 2 nd day of January, 2018, before me, the undersigned Notary Public, personally appeared Ivan Friedman, who by me duly sworn on his oath deposed and said that he is an attorney for the Appellant in the above-entitled and numbered cause~ that he has read the above and foregoing and that the allegations contained therein are within his personal knowl dge and a~d correct.

i b Subscribed to and sworn before me by Ivan Friedman on the 2'1d day of · Jru1uary., 2018~ to certify which witness my hand and official seal. Notary Pufi'licfor the State of Texas t";.._":~- ~!'../_'>-. '''""'", MA"IA .. ,.. ... ARTIN f: (*"-;~\ Notary Public. State ot Te)(OS My Commission Expires: \ 1 \ \ ~ I 26)q ~<# .. ..,\ · .-~~~Comm. Exptres 11 -17-2019 -;. ,.f .... ¥.~ •,,,,,::: .. !,<11' Notary 10 l ^[30442984]

APPELLANT'S MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF - Page 5