Wade has filed for a 60 day extension.
RE: Cause No. DC-21-06094
TO THE HONORABLE FIFTH COURT OF APPEALS:
Pursuant to Tex. R. App. P. JO.I and 38.6(d), the Appellant, Richard Wade,
files this First Motion to Extend Time to File Appellant's Brief.
Appellant's opening brief is currently due on September 13, 2022.
Appellant requests a 60 day extension of time to file its brief, making the
brief due on November 12, 2022. This is the first request for extension of time to
file the opening brief.
I. Appellant is representing himself.
2. Appellant received notice that the Recorders Records for cause No.
DC-21-06094 were filed on August 15, 2022. The Recorders Records were not
attached to the email, which did not include instructions on how to obtain the
records. Appellant checked the Dallas County Court Portal several times before
learning from Court Clerk that the Appeals Court does not post its records online,
including the Reporters Records from trials in the District Court. Appellant learned
that he could only get them by picking up a CD or paper copy at 600 Commerce
Street, Suite 200, Dallas, TX. He therefore did not receive the Reporter's Records
until September I, 2022.
3. Appellant is appealing Cause No. DC-21-06094 because he received
notice of the trial on April 14, 2022 on the morning of the trial when the Clerk
e-mailed him instructions on how to get on the trial call. He never received prior
notice of the trial and on the call was surprised to learn the call was about a case
filed in mid-2020. He, therefore, had no time to prepare. In June 2021, the attorney
he last worked with on this lawsuit told him there were no upcoming deadlines.
4. Appellant is currently spending 8-10 hours, 6-7 days a week, driving
for Lyft to pay for motel, food and Lyft's rental car and gas used for work. His files
are in storage. Appellant therefore needs extra time to find documents in storage to
defend the accusations made against him during the trial.
5. Appellant requires more time to find a pro bona attorney.
6. Accordingly, Movant requests that this Honorable Court issue an
extension to file Appellant's Brief.
Attached: Certificate of Service
Respectfully submitted by,
Richard Wade, Appellant
2825 Oak Lawn Ave.# 190402
Dallas, Texas 75219
(323) 561-7072
richardswade@gmail.com
CERTIFICATE OF CONFERENCE
This is to certify that Appellant, pro se, discussed the merits of this Motion
with counsel for Luiz Valdetaro et al and the Appellee's counsel is not opposed to
same.
Richard Wade
Appellant, pro se
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