Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 4/13/2015 6:40:30 PM JEFFREY D. KYLE Clerk THIRD COURT OF APPEALS 4/13/2015 6:40:30 PM JEFFREY D. KYLE 03-14-00697-CV AUSTIN, TEXAS *1 ACCEPTED [4872332] CLERK No. 03-14-00697-CV
In The Court of Appeals For The Third Court of Appeals District
Austin, Texas PAMELA A. MEHL, Appellant, v.
DAVID STERN, Appellee ON APPEAL FROM THE 250 ST DISTRICT COURT, TRAVIS COUNTY, TEXAS
TRIAL COURT CAUSE NO. D-1-GN-14-002071 APPELLEE’S UNOPPOSED FIRST MOTION TO EXTEND TIME TO FILE
APPELLEE’S BRIEF Brent A. Devere
State Bar No. 00789256 1411 West Avenue, Suite #200 Austin, Texas 78701 Telephone: (512) 457-8080 Telecopier: (512) 457-8060 Email: BDevere@1411west.com Counsel for David Stern *2 IDENTITY OF PARTIES AND COUNSEL
Appellant/Defendant: Defendant/Appellant’s Appellate Counsel:
The Leifler Law Firm Sandra M. Lefler State Bar No. 12161040 1530 Sun City Blvd., Suite 119 Austin, Texas 78633 Telephone: (512) 869-2579 Telecopieur: (512) 583-7294 Email:sleffler@leflerlegal.com Appellee/Plaintiff : Plaintiff/Appellee’s Appellate Counsel:
Brent A. Devere Texas Bar No. 00789256 1411 West Ave., Suite 200 Austin, Texas 78701 Telephone: (512) 457-8080 Telecopieur: (512) 457-8060 fax Email: BDevere@1411west.com *3 TO THE HONORABLE THIRD COURT OF APPEALS:
Pursuant to Tex. R. App. P. 10.1 and 38.6(d), the Appellee, David Stern
(“Stern” herein), files this Unopposed First Motion to Extend Time to File
Appellee’s Brief and will show the court as follows:
Stern’s response brief is due April 22, 2015. Counsel for Stern requests a
thirty day extension of time to file his brief, making the brief due May 22, 2015.
This is the first extension of time to file the response brief.
Counsel for Stern relies on the following reasons in support of the
extension of time:
The initial clerk’s record was incomplete. A supplement to the clerk’s
record was recently filed with this Court on or about April 9, 2015. The
undersigned counsel for Stern is in the process of obtaining the supplemental
clerk’s record.
Moreover, counsel for Appellant informed the undersigned counsel today
that she intends to supplement her Appellant brief to reflect the supplemental
clerk’s record.
3
Counsel for Stern seeks a continuance of approximately 30 days so as to be
able to submit a complete and accurate Appellee brief that properly addresses the
relevant documents in the clerk’s record and to address the anticipated
supplemental brief of Appellant.
This request is not sought for delay but so that justice may be done.
All facts recited in this motion are within the personal knowledge of the
counsel signing this motion. Therefore, no verification is necessary under Texas
Rule of Appellate Procedure 10.2.
PRAYER FOR RELIEF For the reasons set forth above, Appellee, David Stern, requests that this
Court grant this Unopposed First Motion to Extend Time to File Appellee’s Brief
and extend the deadline for filing the Appellee’s Brief until not earlier than May
22, 2015. Stern requests all other relief to which he may be justly entitled.
Respectfully Submitted, /s/ Brent A. Devere Brent A. Devere *5 Texas Bar No. 00789256 1411 West Ave., Suite 200 Austin, Texas 78701 Telephone: (512) 457-8080 Telecopieur: (512) 457-8060 fax Email: BDevere@1411west.com Attorney for Appellee David Stern *6 CERTIFICATE OF CONFERENCE
Pursuant to Tex. R. App. P. 10.1(5), I certify that the undersigned conferred
with opposing counsel on April 13, 2015, who indicated that she does not oppose
this motion.
/s/Brent A. Devere Brent A. Devere *7 CERTIFICATE OF SERVICE
Under Texas Rule of Appellate Procedure 9.5, I further certify that a copy
of this brief was served on April 13, 2015 upon the following counsel for
Appellant via Facsimile after 5:00 P.M.:
The Leifler Law Firm VIA FAX: 512-583-7294
Sandra M. Lefler
1530 Sun City Blvd., Suite 119
Austin, Texas 78633
Telephone: (512) 869-2579
Telecopieur: (512) 583-7294
Email:sleffler@leflerlegal.com
/s/ Brent A. Devere Brent A. Devere