Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 8/12/2015 11:03:55 PM JEFFREY D. KYLE Clerk DOCKET NO. 03-15-00295-CV THIRD COURT OF APPEALS 8/12/2015 11:03:55 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00295-CV *1 ACCEPTED ^[6474416] CLERK GERALD KOSTECKA § THIRD COURT OF

§ APPEALS §

V. §

§

SMOKEY MO'S FRANCHISE, §

LLC D/B/A SMOKEY MO'S

BBQ AUSTIN, TEXAS

APPELLANT’S THIRD MOTION FOR EXTENSION OF TIME TO FILE APPELLATE BRIEF

COMES NOW, Appellant Gerald Kostecka, and pursuant to the Texas Rules of Appellate Procedure 38.6(d) and 10.5(b), files this Third

Agreed Motion for Extension of Time to File Appellate Brief, and in

support thereof would show as follows:

I. Appellant’s brief in this case was originally due July 15, 2015.

Appellant was granted a 21-day extension of time to file the brief until

August 5, 2015. This extension was agreed to by Appellee. Appellant

sought and was granted an additional seven-day extension until August

12, 2015. Appellee agreed with this extension as well. Appellant’s

reasons for these extensions are set forth in the respective motions.

II. Appellant was in the process of putting the finishing touches on his brief, and was preparing to cite to that portion of the appellate record

where Appellant’s response (and particularly the affidavit supporting

that response) to Appellee’s motion for summary judgment was located.

Appellant then realized, however, that Appellant’s response to the

motion for summary judgment had not been included in the appellate

record. Appellant had previously requested in writing to the district clerk

that Appellant’s response to Appellee’s motion for summary judgment

be included in the appellate record. Appellant attempted to confer with

Appellee about this Motion, but Appellee could not be reached.

III. Appellant contacted the district clerk’s office today. Appellant has been assured that the district clerk will promptly supplement the

appellate record by submitting Appellant’s response to the motion for

summary judgment.

IV. 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 brief until ten (10) days after

the appellate record is supplemented in this case.

WHEREFORE, PREMISES CONSIDERED, Appellant Gerald Kostecka respectfully requests that this Court grant his Third Motion for

Extension of Time to File Appellant’s Brief, and also 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 *4 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 12th day of August, 2015.

_/s/Stuart Whitlow_________________ Stuart Whitlow CERTIFICATE OF CONFERENCE This is to certify that Stuart Whitlow, counsel for Appellant Gerald

Kostecka, attempted to confer with counsel for Appellee but could not

reach him to confer with respect to this Motion.

_/s/Stuart Whitlow________

Stuart Whitlow