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Rafael Montez Da Oca v. Eduardo Gutierrez
03-14-00668-CV
| Tex. App. | Feb 24, 2015
|
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Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 2/24/2015 7:07:44 PM JEFFREY D. KYLE Clerk THIRD COURT OF APPEALS 2/24/2015 7:07:44 PM JEFFREY D. KYLE 03-14-00668-CV AUSTIN, TEXAS *1 ACCEPTED [4270017] CLERK SECOND MOTION TO EXTEND TIME FOR FILING APPELLANT’S BRIEF

Pursuant to Rules 38.6(d) and 10.5(b), Texas Rules of

Appellate Procedure, Appellant respectfully moves for an

extension of time to file appellant’s brief herein, and in

support of said motion would show the following:

I.

The current deadline for the filing of appellant’s

brief is FEBRUARY 17, 2015.

II.

Appellant’s seeks a 6 days extension of time for

filing appellant’s brief, i.e. to FEBRUARY 23, 2015.

III.

One previous extension of time to file appellant’s

brief has been sought and granted.

IV.

The facts relied upon to reasonably explain the need

for an extension are as follows:

1. This was a complicated civil trial. The

appeal involves, among other complicated issues,

the sufficiency of evidence to support the jury’s

findings on several special issue submitted to

the jury.

2. Since the date of the first extension

Counsel has had numerous court appearances in

Williamson, Travis, Burnet and Comal counties.

3. Counsel for appellant has diligently worked

on preparation of the brief in this case and is

very close to finishing the brief but needs the

additional time requested to complete the brief.

4. Counsel assures the Court and opposing

counsel thatr no additional requests for

extension will be requested.

WHEREFORE, appellant prays that this Motion For

Extension of Time to File Appellant’s Brief be granted and

that the deadline for filing appellant’s brief be extended

to FEBRUARY 23, 2015.

RESPECTFULLY SUBMITTED ________________________ RAY BASS, ATTORNEY SBN 01884000 120 WEST 8 TH STREET GEORGETOWN, TEXAS 78626 TEL. 512-863-8788 FAX 512-869-5090 ATTORNEY FOR APPELLANT CERTIFICATE OF SERVICE A copy of the foregoing Motion For Extension Of Time

To File Appellant’s Brief was served on FEBRUARY 24, 2015,

in compliance with Rule 9.5, Texas Rules of Appellate

Procedure and in compliance with Third Court of Appeals

Local Rule 3(c), on MR PAUL MORIN, ATTORNEY FOR APPELLEE,

505 W. 14 TH STREET, AUSTIN, TEXAS 78701, EMAIL

pmorin@austin.rr.com..

___________________ RAY BASS CERTIFICATE OF CONFERENCE Counsel for the appellant has conferred with Mr. Paul

Morin, counsel for Appellee, regarding the merits of this

SECOND MOTION TO EXTEND TIME FOR FILING APPELLANT’S BRIEF

and counsel for appellee indicated that he does not opposes

the request for a 6 day extension.

________________________ RAY BASS, ATTORNEY ORDER ON APPELLANT’S MOTION FOR EXTENSION OF TIME

TO FILE APPELLANT’S BRIEF On this ____ day of ____________________, 2015, came

on to be considered the Motion For Extension Of Time To

File Appellant’s Brief; and the court, having considered

said motion, finds that it should be and is hereby GRANTED.

It is, therefore, ordered that Appellant shall have

until FEBRUARY 23, 2015, to file appellant’s brief herein.

__________________________________ Justice, Third Court Of Appeals

Case Details

Case Name: Rafael Montez Da Oca v. Eduardo Gutierrez
Court Name: Court of Appeals of Texas
Date Published: Feb 24, 2015
Docket Number: 03-14-00668-CV
Court Abbreviation: Tex. App.
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