COMMONWEALTH OF KENTUCKY

COURT OF APPEALS

NO. 2013-CA-001544

EILEEN M. BRIAN, et al APPELLANT

v. Appeal from Oldham Circuit Court

Action No. 11-CI-00180

WESTVUE NPL TRUST II C/O FCI LENDER SERVICES, INC. APPELLEES

***************

Motion for Extension of Time to file Appellant’s Brief

Due to Errors in Record on Appeal

COMES NOW, Eileen M. Brian and Steven Blanton, (hereinafter “Appellants”), pro se,

pursuant to CR 6.02 and moves this Honorable Court to grant the Appellants an extension of

time of thirty (30) days in which to file Appellant’s brief due to errors in the record on appeal.

The subject “Record on the Appeal” presented to the Appellants was hastily prepared by

the Oldham County Court on apparently antiquated equipment. The subject Record on Appeal is

missing pages and page numbers are cut-off in the Case-History. In addition, a key exhibit was

separated from an important motion and separately entered by the trial court as a stand alone

document and the page numbers in the “Case History” do not coincide with “Record on Appeal.”

The Appellants have labored hard to work through the errors, but as they increased it has

become prejudicial to the ability to compose the brief without repeatedly addressing or

explaining the errors in the brief. This is distracting to both the Court and the Appellant and

unfairly takes up page space allotted to Appellants by the rules of appellate procedure.
 Consequently, to preserve the Appellant’s right to object and avoid the consequence of

implied waiver and estoppel, the Appellants have filed a motion under CR 60.01 and all other

applicable rules, seeking an order from the trial court at Motion Hour on June 24, 2016, to

correct the “Record on Appeal” and re-certify it. (See Appellants Motion for Nunc Pro Tunc

Order to Correct Record on Appeal, attached hereto as Exhibit A)

WHEREFORE, the Appellants respectfully pray for this Court’s indulgence and ask that

the Court grant the Appellant an extension of time of thirty (30) days after the date of re-

certification of the Record on Appeal to prepare a suitable submission worthy of this Honorable

Court.

Respectfully Submitted,

____________________ _________________________
Eileen M. Brian & Steven Blanton
13627 Hunters Ridge Ct. 13627 Hunters Ridge Ct.
Prospect, KY 40059 Prospect, KY 40059
502-544-1264 502-544-1264

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 CERTIFICATE OF SERVICE

This foregoing was mailed postage prepaid, to the persons listed below via United States

Postal Service on the_______day of June, 2016, to:

Gregory Stout Brian Chapman

c/o c/o
Reisenfeld and Associates
3962 Red Bank Rd. Reisenfeld and Associates
Cincinnati, OH 45227 3962 Red Bank Rd,
(fax: 513:322-7099) Cincinnati, OH 45227

Kentucky Court of Appeals

Clerk of the Court
360 Democrat Dr,
Frankfort, KY 40601

Eileen M. Brian & Steven Blanton

13627 Hunters Ridge Ct.
Prospect, KY 40059
502-544-1264

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 COMMONWEALTH OF KENTUCKY

COURT OF APPEALS

NO. 2013-CA-001544

EILEEN M. BRIAN, et al )
Appellant, )
)
vs. )
)
WESTVUE NPL TRUST II C/O FCI LENDER )
SERVICES, INC )
Defendant )

ORDER

This matter came before the Court on Appellants’ Motion for Extension of Time to

file Appellant’s Brief Due to Errors in Record on Appeal. Upon due consideration the Court

finds that there is there is sufficient grounds to grant the Appellants thirty (30) days from the date

of re-certification of the Record on Appeal to file their Appellant’s brief.

Accordingly, Appellants’ Motion for Extension of Time to file Appellant’s Brief is hereby

GRANTED.

SO ORDERED.

This the _____ day of _________________, 2016.

______________________________
Kentucky Appeals Court Judge

Tendered by:

___________________ ______________________
Eileen Brian & Steven Blanton