TO THE HONORABLE FOURTH COURT OF APPEALS:

Now comes Ronald F. Avery, Appellant with his Response to Appellees’ Motion to Extend Time to File Brief and would show the Court the following:

The Appellant received the Appellees’ Motion to Extend Time to File Brief at 4:00 P.M. Friday November 5, 2004.

1.  The Appellant seeks only justice:

The Appellant seeks only justice and not a mere procedural default that would prevent the Appellees from making their strongest argument. But in Appellant’s agreement to permit the Appellees an extension of time to file their brief, the Appellant would ask for an equalization of benefit to correct his errors in form, content and referencing due to his own hardships.

2.  The Appellant also had hardships in meeting the deadline:

The Appellant when changing the type style from the default settings of Microsoft word to Courier 13 point [TRAP 9.4(e)] required by this Court, all the functions of his computer failed to work properly and he lost several days to computer glitches to the point he was afraid he would not make the deadline. The Appellant is not happy with his submitted brief, knowing he could have done much better if his computer had worked as it had previously with the default type style. The Appellant’s Brief is filled with typographic errors as it was not proof read prior to submission. The Appellant figured out the problem only after filing his brief.

3.  The Appellant requests this Court to permit Appellant to file an Amended Appellant’s Brief and Appendix and grant Appellees request for extension of time to file their brief:

The Appellant is prepared at this time to file his Amended Appellant’s Brief and Appendix in full conformance to all form required by this Court, referenced, indexed, and tabbed correctly, which would properly reflect the substantive material he has acquired necessary to support his position.

4.  In the Interest of Justice:

If the Appellees are granted an extension to file their brief, in the interest of justice and fairness, the Appellant should be granted one week to file his Appellant’s Amended Brief and Appendix fully corrected as to form and content according to TRAP 38.7. The Appellant would like until 5:00 P.M. Friday November 12, 2004, to file his Appellant’s Amended Brief and Appendix. Appellant also would ask this Court to extend the Appellees’ time to file their brief to on or about 5:00 P.M. Monday December 13, 2004, as this Court sees fit.

5.  The Work of the Court will be made easier:

If the Appellant is allowed to correct, finish and file his Amended Brief and Appendix, the work of reading the Appellant’s Brief and Appendix will be made much easier and faster after it is corrected for form and proper indexing and tabbing. The Appellant would also like to include in his Amended Brief and Appendix an update to his citations according to Local Rule 8.3.

PRAYER

THEREFORE, The Appellant prays that the Fourth Court of Appeals permit Appellees a 30 day extension of time to file their Brief to be due on December 13, 2004 after the Appellant files his First Amended Brief and Appendix on Friday November 12, 2004.

Respectfully Submitted, Ronald F. Avery Pro Se   __________________________ 1955 Mt. Vernon Seguin, Texas 78155 830/372-5534

Further, the Appellant prays for any other relief that he may be entitled to.