Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 10/26/2015 2:59:06 PM JEFFREY D. KYLE Clerk DOCKET NO. 3-15-00295-CV THIRD COURT OF APPEALS 10/26/2015 2:59:06 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00295-CV *1 ACCEPTED [7540995] CLERK GERALD KOSTECKA § THIRD COURT OF
§ APPEALS §
V. §
§
SMOKEY MO'S FRANCHISE, §
LLC D/B/A SMOKEY MO'S
BBQ AUSTIN, TEXAS
APPELLANT’S MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF
COMES NOW, Appellant Gerald Kostecka, and pursuant to the Texas Rules of Appellate Procedure 38.6(d) and 10.5(b), files this
Motion for Extension of Time to File Reply Brief, and in support thereof
would show as follows:
I. Appellant’s reply brief in this case is due October 28, 2015.
Appellant is seeking a 10-day extension of time to file the brief until
November 7, 2015. Appellee agrees that Appellant should be granted
this 21-day extension of time to file his brief. This is the first request for
an extension of time to file his reply brief made by Appellant.
II. Appellant’s counsel has had a very busy schedule this summer and fall, and will continue to have a very full docket for the next few weeks.
Appellant’s counsel is also a trial attorney and has a number of cases
pending before Travis County, Hays County and Williamson County
courts, as well as before courts of other counties in Texas. In addition,
Appellant’s counsel has recently gone through a divorce proceeding in
Travis County and has substantial responsibilities relating to his 11 and
13 year old sons this summer. Inasmuch as his former spouse has less
flexibility in her job than Appellant’s counsel, the undersigned counsel
has taken on a large role in meeting the needs of his children this
summer and fall, and will continue to do so as the year progresses. Also,
Appellant’s counsel has an 86-year old mother living in Central Texas
who is ill and needs substantial time and attention, which only the
undersigned counsel is situated to provide. Another person who provides
some assistance to Appellant’s counsel in this regard is heading out of
the country tomorrow morning and the time commitment of the
undersigned counsel to his mother will increase. Further, the
undersigned counsel’s life-long friend and first cousin has sustained
severe injuries and needs the undersigned counsel’s care and attention.
The undersigned counsel has provided the same. In addition, my first
cousin and friend is having major surgery today at The Hospital at
Westlake Medical Center and needs my assistance.
III. This Motion is not filed for delay only, but so that justice may be done. The undersigned counsel has personal knowledge of the facts set
forth in this Motion. Appellant respectfully requests that this Court
extend the deadline for filing Appellant’s reply brief until November 7,
2015.
WHEREFORE, PREMISES CONSIDERED, Appellant Gerald Kostecka respectfully requests that this Court grant his Motion for
Extension of Time to File Appellant’s Reply Brief, and requests that the
Court grant such further and other relief to which Appellant may be
entitled.
Respectfully submitted, LAW OFFICE OF STUART WHITLOW By: /s/ Stuart Whitlow__________ Stuart Whitlow
Texas Bar No.: 21378050 1104 S. Mays, Suite 116 Round Rock, Texas 78664 Tel. (737) 346-1839 Fax (512) 218-9235 Email stuartrtwhitlowlaw@yahoo.com Attorney for Appellant CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the above and foregoing legal instrument was served upon Robert House, Clark & Trevino, 1701 Directors Boulevard, Suite 920, Austin, Texas 78744, in accordance with the Texas Rules of Civil Procedure on the 26th day of October, 2015.
_/s/Stuart Whitlow_________________ Stuart Whitlow CERTIFICATE OF CONFERENCE This is to certify that Stuart Whitlow, counsel for Appellant Gerald
Kostecka attempted to reach counsel for Appellee regarding this Motion
but have not been able to reach him.
_/s/Stuart Whitlow________
Stuart Whitlow