February 10, 2015 No. 03-13-00318-CV

IN THE

THIRD COURT OF APPEALS at Austin. Texas

JUAN A. MARTIN-DE-NICOLAS Appellant

REX JONES Appellee.

Appealed from the County Court at Law No. 2 of Travis County, Texas Cause No. C-l-CV-12-008738

APPELLANT'S FIRST MOTION TO EXTEND TIME TO FILE APPELLANT'S MOTION FOR EN BANC RECONSIDERATION

_. Filed by: 'RECEIVED^ Juan A. Martin-de-Nicolas FEB 1 0 2015 Appellant, Pro Se kTHlROraURTOFAP^tS/ R0 COURT OF A? 5604 Woodview Ave. Austin. TX 78756 Tel. 512-565-1498

Appellant's First Motion to Extend Time to File Appellant's Motion for En Band Reconsideration Page 1 of 6 Identity of Parties and Counsel

Appellant/Plaintiff Pro Se: Juan A. Martin-de-Nicolas 5604 Woodview Avenue Austin TX 78756 Telephone: 512-565-1498 Email: [email protected]

Appellee/Defendant's Counsel: Ronald L. Clark State Bar No.: 04298300 CLARK. PRICE & TREVINO 1701 Directors Boulevard, Suite 920 Austin Texas 78744 Telephone: 512-445-1580 Telecopier: 512-383-0503 Email: [email protected]

Appellant's First Motion to Extend Time to File Appellant's Motion for En Band Reconsideration Page 2 of 6 TO THE HONORABLE THIRD COURT OF APPEALS: Pursuant to TEX. R. APP. P. 10.1, and 10.5(b), the Appellant, Juan A.

Martin-de-Nicolas, files this "'Appellant's First Motion to Extend Time to File Appellant's Motion for En Banc Reconsideration." On 28 August 2014, this court ofappeals rendered judgment affirming the lower court ruling. On 26 January 2015, this court denied appellant's motion for rehearing.

Appellant's Motion for En Banc Reconsideration, is currently due today, Tuesday 10 February 2015.

Appellant seeks leave of court for a 7-day extension of time to file its motion, making the motion due next Tuesday 17 February 2015. This is the first request for extension of time to file the motion for en banc reconsideration.

REQUEST FOR EXTENSION OF TIME TO FILE APPELLANT'S MOTION FOR EN BANC RECONSIDERATION

This request is not sought for delay, but so that justice may be done.

Appellant relies on the following reason to explain the need for the requested extension:

• Appellant came across a complex legal issue that may affect the outcome of his motion for en banc reconsideration. Appellant needs an additional seven days (7 days) to study the issue and prepare a cogent and succinct motion to

Appellant's First Motion to Extend Time to FileAppellant's Motion for En Band Reconsideration Page 3 of 6 aid this Court in its analysis of the issues presented for review in the motion for en banc reconsideration.

PRAYER FOR RELIEF

For the reason set forth above, Appellant requests that this Court grant this "Appellant's First Motion to Extend Time to File Appellant's Motion for En Banc Reconsideration."

Respectfully submitted.

luan A. Mairtin-de-Nicolas /5604 Woodview Avenue Austin TX 78756 Telephone: 512-565-1498 Email: [email protected]

Appellant's First Motion to Extend Time to File Appellant's Motion for En Band Reconsideration Page 4 of 6 CERTIFICATE OF SERVICE

Pursuant to TEX. R. APP. P. 9.5.1 certify that on |fl FeggJfM , 2015, a copy of this motion was served via USPS Certified Mail RRR# ^012' 3^*00' 000*2. *ft53 'Wo tl", on the following counsel of record: Attorney: Client: Ronald L. Clark Rex Jones State Bar No.: 04298300 CLARK, PRICE & TREVINO 1701 Directors Boulevard, Suite 920 Austin Texas 78744

luan A. Martin-de-Nicolas 5604 Woodview Avenue Austin TX 78756 Telephone: 512-565-1498 Email: [email protected]

Appellant's First Motion to Extend Time to File Appellant's Motion for En Band Reconsideration Page 5 of 6 STATE OF TEXAS TRAVIS COUNTY

AFFIDAVIT IN SUPPORT OF APPELLANT'S FIRST MOTION TO EXTEND TIME TO FILE APPELLANT'S MOTION FOR EN BANC RECONSIDERATION

Before me, the undersigned notary, on this day personally appeared Juan A.

Martin-de-Nicolas, the affiant, a person whose identity is known to me. After I administered an oath to affiant, affiant testified: 1. My name is Juan A. Martin-de-Nicolas. I am over 18 years of age, of sound mind, and capable of making this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct.

2. I am the Appellant in this appeal. I am including this affidavit in support of Appellant's First Motion to Extend Time to File Appellant's Motion for En Banc Reconsideration. The facts stated in this motion are within my personal knowledge and are true and correct.

Juan A. Martin/de-Nicolas

Sworn to and subscribed before me by 3 u ^ A /v\*> /-V* » - Ac- /V\<Lo\* S on fa)*. ^.V^. ,2015.

TAHEREHSHAKIBA lAKIBA Notary Public in and for T~ r* v » 5 Notaty Puttie, Stateof"foxes laflexes My Commission Expires ixpbes The State of Texas 14,2018 NOVEMBER 24, My commission expires: 11-3-^ -\ &

Appellant's First Motion to Extend Time to File Appellant's Motion for En Band Reconsideration Page 6 of 6 CERTIFICATE OF CONFERENCE

This is to certify that on 10 February 2015, Juan A. Martin-de-Nicolas, appellant pro se, twice called the offices of Ronald L. Clark, counsel for Rex Jones, to confer about Appellant's First Motion to Extend Time to File Appellant's Motion for En Banc Reconsideration. Appellant was unable to talk to Mr. Clark as he was not available.

Appellant requests that the court add this certificate of conference to the previously filed motion which lacked this certificate. This additional page is page seven of a total of seven pages.

Jeil- fvfc/6foU^^ ian A. Martm-de-Nicolas 5604 Woodview Avenue Austin TX 78756 Telephone: 512-565-1498 Email: [email protected]

/ RECEIVED \ FEB 1 0 2015 THIRDCOURTOFAPPEALS V JEFFREY 0 KYLE / Appellant's First Motion to Extend Time to File Appellant's Motion for En Band Reconsideration