Time: Thu Dec 11 19:07:08 1997
To: brendamc <brendamc@admin.hilconet.com>
From: Paul Andrew Mitchell [address in tool bar]
Subject: edited Motion to Extend Time
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APPELLANT'S MOTION TO EXTEND TIME TO FILE THE BRIEF
Appellant, Milburn Ray, Vernor, under the authority of
Tex.R.App.P. 74(n), asks the court to extend time to file the
brief.
1. The 293rd/365th Judicial District Court of Zavala/Dimmit
County signed the default judgment in Zavala County Bank v.
Milburn Vernor, et al., cause number 97-03-09516-CV, on July
22/24, 1997.
2. Appellant perfected the appeal timely on September 10, 1997.
3. Appellant's brief is now due on December 30, 1997.
4. Appellant requests an additional thirty (30) days to file
the brief, that is, an extension of time until January 30,
1998.
5. In the alternative, Appellant requests an additional fifteen
(15) days to file the brief, that is, an extension of time
until January 15, 1998.
6. This is Appellant's first request for an extension of time
to file the brief.
7. Appellant needs additional time to file the brief because:
a) The Christmas and New Year's holiday season impedes the
normal course of work;
b) Appellant has retained new counsel;
c) Appellant's new counsel needs additional time to prepare;
and
d) Appellant needs additional time to investigate newly found
evidence, which is being investigated and acquired
presently.
8. For these reasons, Appellant asks the court to grant an
extension of time to file the brief in this cause to January
30, 1998, or in the alternative to January 15, 1998.
Respectfully submitted,
Vernor Motion to Extend Time ZCB-AP2.DOC
Page 1
__________________________________
Milburn Ray, Vernor
c/o General Delivery
La Pryor, Texas
VERIFICATION
State of Texas )
)
County of Zavala )
I, Milburn Ray, Vernor, Christian in the herein attached Notice
of Appeal, affirm by my bonafide and genuine signature hereon,
the facts and allegations therein, and further, affirm said facts
and allegations to be true and correct to the best of my
information and belief, so help me God.
______________________________
Milburn Ray, Vernor
Before me, the undersigned authority, came Milburn Ray, Vernor,
and affirmed the foregoing facts are true and correct according
to his knowledge and belief, this ______ day of the twelfth month
in the year of our Lord and Saviour, Jesus Christ, nineteen
hundred ninety-seven.
______________________________
NOTARY PUBLIC
SEAL
NOTE: Any use of a notary public by Milburn Ray, Vernor is only
for the purpose of signature identification or verification and
expressly does not indicate acquiescence into any foreign
jurisdiction. All common law rights are reserved by Milburn Ray,
Vernor.
Vernor Motion to Extend Time ZCB-AP2.DOC
Page 2
CERTIFICATE OF SERVICE
I hereby certify that on this ____ day of the twelfth month in
the year of our Lord and Saviour, Jesus Christ, nineteen hundred
ninety-seven, a true and correct copy of the foregoing
APPELLANT'S MOTION TO EXTEND TIME TO FILE THE BRIEF has been sent
by Certified Mail Return Receipt Requested to:
Fourth Court of Appeals ___________________________
300 Dolorosa, Suite 3200
San Antonio, Texas 78205-3037
for filing into the record of this action, and to:
Joe M. Davis ___________________________
NUNLEY & JOLLEY, L.L.P.
194 S. Main Street, Suite 301
Boerne, Texas 78006
J. Ken Nunley ___________________________
NUNLEY & JOLLEY, L.L.P.
194 S. Main Street, Suite 301
Boerne, Texas 78006
as attorneys of record for the appellee.
______________________________
Milburn Vernor
Vernor Motion to Extend Time ZCB-AP2.DOC
Page 3
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