Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 8/17/2015 12:54:30 PM JEFFREY D. KYLE Clerk Case Number 03-15-00242-CV THIRD COURT OF APPEALS 8/17/2015 12:54:30 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00242-CV *1 ACCEPTED [6522670] CLERK IN THE THIRD DISTRICT COURT OF APPEALS
at Austin GUILLERMO OCHOA-CRONFEL, Appellant, v.
PATRICK C. MURRAY, Appellee.
From Cause No. D-1-GN-11-002136 in the 345 th Judicial District Court
Of Travis County, Texas UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE
APPELLANT’S BRIEF Paul T. Morin, P.C.
State Bar No. 14460550
503 W. 14 Street 2700 Bee Caves Road, Suite 103 Austin, Texas 78746
Telephone: (512) 499-8200 Telephone: (512) 347-9600
Facsimile: (512) 499-8203 Facsimile: (512) 347-9911
PMorin@austin.rr.com Guillermo@thecronfelfirm.com
ATTORNEYS FOR APPELLANT
August 14, 2015
TO THE HONORABLE AUSTIN COURT OF APPEALS:
COMES NOW, Appellant, Guillermo Ochoa-Cronfel, and moves the Court to
extend the time for Appellant to file his brief in this matter, pursuant to Tex. R. App.
P. 10 and 38.6(d), and respectfully shows the Court as follows:
The deadline for filing Appellant’s brief in this matter was July 29, 2015.
Appellant seeks an extension of thirty (30) days from the date of the filing of
this Motion in which to file Appellant’s brief, to September 14, 2015.
Appellant’s failure to file before the deadline was not deliberate or intentional,
but resulted from inadvertence and mistake. Appellant’s undersigned counsel, Mr.
Paul Morin’s, ninety year old mother became ill very suddenly on June 26, 2015, and
passed away on June 28, 2015. Mr. Morin is the lawyer of his family and was put in
charge of the removal of his mother’s body from her nursing home, closing out her
account at the nursing home, contacting the funeral home, preparing her obituary, her
rosary, the viewing, funeral arrangements, and finally her burial at Ft. Sam Houston
National Cemetery in San Antonio, as the wife of a U.S. Army World War II and
Korean War veteran. As a result of the aforementioned events, Appellant’s counsel
did not see the e-mail and notice letter from the Clerk of the Court, dated July 1,
2015, indicating that the Reporter’s Record had been filed on June 29, 2015, so he
did not calendar the date the Appellant’s Brief was due accordingly.
Appellant has not requested any prior extensions, and no prior extensions have
been granted, regarding the deadline to file Appellant’s brief in this matter. Further,
this appeal is from; (i) a judgment in favor of Appellant, for which
Defendant/Appellee has tendered payment, so no interest is accruing; and, (ii) a
sanctions Order against Appellant, which has already been paid by Appellant. Thus,
neither Appellee nor Appellant will suffer any prejudice as a result of the Court
granting this motion for extension of time to file Appellant’s Brief, and allowing this
matter to be determined on the merits.
WHEREFORE, PREMISES CONSIDERED, Appellant respectfully requests
the Court grant his Motion for Extension of Time to File Appellant’s Brief in this
matter, extending the time for Appellant to file his brief to September 14, 2015, and
for such other and further relief, in law and/or in equity, to which Appellant may
show himself justly entitled.
Respectfully submitted, Paul T. Morin, P.C. 503 W. 14 Street Telephone: (512) 499-8200 Facsimile: (512) 499-8203 /s/ Paul T. Morin Paul T. Morin PMorin@austin.rr.com *4 2700 Bee Cave Road, Suite 103 Telephone: 512-347-9600 Facsimile: 512-347-9911 Guillermo@thecronfelfirm.com /s/ Guillermo Ochoa-Cronfel ATTORNEYS FOR APPELLANT CERTIFICATE OF CONFERENCE I, Paul T. Morin, hereby certify that I have conferred with counsel for
Appellee about the merits of this Motion for Extension of Time to File Appellant’s
Brief, and that he indicated to me that Appellee does not oppose same.
/s/ Paul T. Morin Paul T. Morin CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing document has, on this 14
day of August, 2015, been sent to opposing counsel of record as follows:
Gregory R. Ave Via E-Serve
Walters, Balido & Crain, L.L.P. & E-mail: Greg.Ave@wbclawfirm.com
10440 North Central Expressway
Meadow Park Tower, Suite 1500
Dallas, Texas 75231
ATTORNEY FOR APPELLEE
/s/ Paul T. Morin Paul T. Morin