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 Cc: Bcc: References: [make changes discussed in previous message] 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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