Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 3/2/2015 1:33:41 AM JEFFREY D. KYLE Clerk THIRD COURT OF APPEALS 3/2/2015 1:33:41 AM JEFFREY D. KYLE 03-14-00635-CV AUSTIN, TEXAS *1 ACCEPTED [4323752] CLERK No. 03-14-00635-CV __________________________________________________________________
IN THE THIRD COURT OF APPEALS OF TEXAS __________________________________________________________________
M ICHAEL L EONARD G OEBEL AND A LL O THER O CCUPANTS OF 207 C AZADOR D RIVE , S AN M ARCOS , T EXAS 78666 , Appellants , v.
S HARON P ETERS R EAL E STATE , I NC . , Appellee . __________________________________________________________________
O N A PPEAL FROM THE C OUNTY C OURT AT L AW , H AYS C OUNTY , T EXAS
T RIAL C OURT C AUSE N O . 14-0385-C __________________________________________________________________
APPELLEE’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE
BRIEF ON THE MERITS __________________________________________________________________
Texas Bar No. 24027083 HE J. HYDE AW FFICE PLLC 111 E. 17th Street #12015 Austin, TX 78711 Telephone: (512) 200-4080 Fax: (512) 582-8295 E-mail: jhyde@jhydelaw.com Counsel for Appellee *2 No. 03-14-00635-CV __________________________________________________________________
IN THE THIRD COURT OF APPEALS OF TEXAS __________________________________________________________________
M ICHAEL L EONARD G OEBEL AND A LL O THER O CCUPANTS OF 207 C AZADOR D RIVE , S AN M ARCOS , T EXAS 78666 , Appellants , v.
S HARON P ETERS R EAL E STATE , I NC . , Appellee . __________________________________________________________________
O N A PPEAL FROM THE C OUNTY C OURT AT AW H AYS C OUNTY , T EXAS RIAL C OURT C AUSE N . 14-0385-C
__________________________________________________________________
APPELLEE’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE
BRIEF ON THE MERITS __________________________________________________________________
TO THE HONORABLE THIRD COURT OF APPEALS:
Appellee Sharon Peters Real Estate, Inc., (“Peters”) by and through undersigned
counsel, respectfully moves for an extension of time to file its Brief on the Merits, and in
support thereof states as follows:
1. This case involves the appeal of a final judgment in a forcible detainer
action granting Peters immediate possession of the real property located at 207 Cazador
Drive, San Marcos, Texas 78666 (Property). Appellant Michael Goebel filed his Brief on
the Merits on 23 February 2015. Appellee’s Brief is currently due on 25 March 2015.
2. Contemporaneously with this motion, Peters has filed a motion to dismiss
this appeal as moot on the grounds that Appellant is not currently in possession of the
property and has no claim of right to current possession.
3. If the Court grants Peters’ motion to dismiss, it would obviate the need for
Peters to file a full brief on the merits. Accordingly, in the interest of efficiency and
avoiding unnecessary costs and fees, Peters respectfully requests an extension of time to
file its brief while the motion to dismiss is pending. Peters specifically requests that the
Court tie the briefing deadline to the date the Court rules on the motion to dismiss, such
that no brief will be required if the Court grants the motion, and if the Court denies the
motion the brief will be due thirty days from the date of that order.
4. In the alternative, Peters respectfully requests that the deadline to file
Appellee’s Brief be extended for thirty days, until 24 April 2015. The undersigned is a
solo practitioner and has several hearings in various courts over the next three weeks.
Peters seeks an extension to ensure the quality of its brief.
5. Peters does not seek an extension for the purposes of delay, but does so for
good cause for the reasons expressed herein.
WHEREFORE, Peters respectfully requests that the Court GRANT this motion
and (1) extend the deadline to file Appellee’s Brief while Appellee’s motion to dismiss
the appeal as moot is pending, such that the brief need not be filed if the Court grants the
motion and, if the Court denies the motion, the brief must be filed thirty days from the
date the motion is denied; or, alternatively, (2) extend the deadline to file Appellee’s
Brief until 24 April 2015.
Respectfully Submitted, /s/ J. Hyde ______________________________ State Bar No. 24027083 HE J. HYDE AW FFICE PLLC 111 E. 17th Street #12015 Austin, Texas 78711 Phone: (512) 200-4080 Fax: (512) 582-8295 E-mail: jhyde@jhydelaw.com Attorney for Appellee CERTIFICATE OF CONFERENCE I hereby certify that I have conferred with opposing counsel David Rogers
regarding this motion and that Mr. Rogers stated he is NOT OPPOSED to the
relief requested herein.
/s/ J. Hyde ______________________________ Dr. J. Hyde *5 CERTIFICATE OF SERVICE I hereby certify that, pursuant to Texas Rule of Appellate Procedure 9.5 and Local
Rule 4(d), a copy of Appellee’s Unopposed Motion for Extension of Time to File Brief
on the Merits was served on this 2nd day of March, 2015, via e-service, upon the
following:
David Rogers
1201 Spyglass, Suite 100
Austin, TX 78746
/s/ J. Hyde ______________________________