In the Interest of J.M.H., a child
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Victor A. Charles 1694469
December 24, 2012
2661 FM 2054
%
Tennessee Colony, Texas 75 '
M. Karrine McCullough, Clerk
First District Court of Appeals
for Texas
301 Fannin St.
Houston, Texas 77002
R.E: 01-12-00793-CV
Styled: In the Interest of J.M.H. A Child
Dear Clerk:
Please find enclosed, Appellant's Motion for Extension of Time, Verification,
and Certificate of Service. Would you please ensure the appropriate court re
ceive this document for review and consideration.
Thank you for your time and assistance.
Sincerely yours,
Victor A. Charles
address above
Pro Se
CC: Child Support Division
V.C.
w/encls.
Cause No. 01-12-00793-CV
IN THE INTEREST
§
IN THE FIRST DISTRICT COURT'' ^ V
OF J.M.H.
ACHILD
§ OF APPEALS FOR TEXAS
§ IN HOUSTON, TEXAS
MOTION FOR EXTENSION OF TIME
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To the Honorable Justice of Said Court:
Now comes, Victor Anthony Charles, Appellant, hereinafter Charles, by and through
himself in the above 491 numbered and entitled cause and files this motion for ex
tension of time, in support Charles submits the following;
Procedural History
On or about November 21, 2012, Charles received notice fr«om the clerk of this
court the clerk's record had been filed with this court..
On November 25, 2012, Charles filed his Motion for the clerk's record and fur
ther notified this court in said motion that as of November 25, 2012, Charles had
not been notified of the trial court's decision in regards to the contest filed
by the Harris County District Clerk's office contesting Charles' status as indi
gent. In addition to this issue, the Harris County District clerk's office filed
their contest on August 24, 2012, and Charles filed his reply on August 28, 2012.
On November 27, 2012, this court issued and order for Charles to pay the appellate
filing fee and make arrangements with the district clerk's office for the reporter's
record and clerk's record with 30 days of the order or the appeal will be dismissed.
On December 3, 2012, Charles filed an Out of Time Motion to Challenge the Contest
with this court and further advising this court that Charles never received notice
that the contest may
have been sustained by the trial court.
II
In light of the aforementioned, Charles requests for the court to extend the time
Charles has to obtain the clerk's record by 30 days. Charles also requests for the
court to extend the time Charles has to obtain the reporter's record, if any, by
30 days.
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III
Charles further asserts the trial court has a pattern of failing to notify
Charles.
Moreover, Charles was never served with summons and citation in cause num
ber 2011-67740, which is the issue Charles will raise on appeal and the
309th District Court of Harris County, Texas does not have jurisdiction to
enter an Order of default judgment against Charles. A review of the clerk's
record will show Charles was never properly served with summons and citation
in said cause.
If this court finds Charles assertion is validated by the clerk's record,
then this court may reverse the district court's Order for default judgment
against Charles in the interest of justice, judicial resources, and 37.3 (c)
of the Texas Rules of Appellate Procedures.
In the event the court determines further proceeds are necessary then Charles
requests for the Court to Order the clerk of this court to submit a copy of the
clerk's record.
In addition, Charles also be provided with a copy of the repor
ter's record, if any.
PRAYER
WHEREFORE, Premises Considered, Charles respectfully moves the Court to Grant
this motion and make additional Orders as the Court deems appropriate and just.
Respectfully Submitted,
Victor A. Charles
1694469
2661 FM 2054
Tennessee Colony, Texas 75861
Pro Se
VERIFICATION
I, Victor A. Charles, hereby verify under the penalty of perjury the foregoing
is true and correct to the best of my knowledge. V.T.C.A. Civ. Prac. and Remedies
Code §§ 132.001-132.003 (2012).
CERTIFICATE OF SERVICE
I further certify a copy of the foregoing was forwarded by First Class U.S.
Mail, pre-paid postage addressed to the following:
Attorney of General of Texas
Child Support Division
Ms. Sanjuana De Leon
2636 South Loop West, Suite 200
Houston, Texas 77054
EXECUTED On the 24th day of December 2012.
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Victor A. Charles
1694469
2661 FM 2054 •
Tennessee Colony, Texas 75861
Pro Se
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