Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 9/2/2015 11:55:14 AM JEFFREY D. KYLE Clerk
*1 ACCEPTED 03-15-00368-CV [6761658] THIRD COURT OF APPEALS AUSTIN, TEXAS 9/2/2015 11:55:14 AM JEFFREY D. KYLE CLERK NO. 03-15-00368-CV IN THE COURT OF APPEALS FOR THE THIRD SUPREME JUDICIAL DISTRICT AT AUSTIN LAURA PRESSLEY, APPELLANT vs. GREGORIO "GREG" CASAR, APPELLEE SECOND MOTION TO EXTEND TIME FOR FILING APPELLANT'S BRIEF TO THE HONORABLE COURT OF APPEALS:
Now comes Laura Pressley, Appellant and pursuant to Tex.R.App.P. 1 0.5, moves this court to grant an extension of time to file Appellant's Brief, and respectfully states:
1. The due date for Laura Pressley, Appellant's Brief is currently September, 8 2015. The first extension motion was granted extending the due date from August 18, 2015.The last Clerk's Record and the Reporter's Record was filed on August 7, 2015. The trial court filed an order on Appellant's request for additional Findings of Fact and Conclusions of Law
*2 on August 13, 2015. Therefore the last filing of the Record was filed on August 14, 2015.Tex. R App. P. 38.6(a).
2. Laura Pressley seeks an extension of time to file Appellant's brief for 10 days from the current stated due date of September 8, 2015, 2015 or until September 18, 2015. The extension is needed because the record in this case is voluminous and rather disorganized making preparing the brief and appendix more time consuming than Appellant anticipated when the first extension was requested. Appellant's attorney was out of the office from August 22 until September 1, 2015 on a combination family/business trip and was unable to work on the brief during that time(1 0 days of the time given in the first extension. In addition Appellant's attorney has to get bills out as of the first of the month so he can pay the office expenses with the client receipts and other professional commitments that has and will further limit the time available for working on the brief exclusively between the date hereof and September 8, 2015. The brief and arguments are nearly finished but are currently over the word limit by over 1500 words and attorney for appellant needs additional time to lower the word count to 15,000 words to comply with the rules of appellate procedure while still presenting a complete discussion of the issues on appeal. In addition to problems related to the length of the brief currently, the series PRESSLEY MOTION TO EXTEND TIME Page 2 *3 of judgments and other post judgment activities of the trial court , the length and status of the record and the series of supplements and Appellant's attorney's schedule , the brief cannot be properly and efficiently prepared and filed before September 18, 2015.
3. Therefore, this Motion is in the interest of justice and orderly presentation of the issues that need to be resolved in this appeal and not for by reason of any procrastination or for delay.
4. Counsel for Laura Pressley has conferred with counsel for Casar and Casar does not oppose this Motion to Extend Time to September 18, 2015.
5. This is the second extension of time Laura Pressley has presented to this Honorable Court for the filing of the Appellant's Brief.
PRAYER
For these reasons, Laura Pressley, Appellant requests that this court enter an order extending the time for filing Appellant's Brief until September 18,2015
Laura Pressley also requests any other relief to which she may be entitled. Respectfully Submitted, PRESSLEY MOTION TO EXTEND TIME Page3 *4 ~&4-
MarJ<COel1
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SBN : 04508400
805 West 1oth Street, Suite 1 00 Austin , Texas 78701 (512) 474-4424 Telephone (512) 472-5444 Facsimile mark@cohenlegalservices.com ATTORNEY FOR APPELLANT
CERTIFICATE OF CONFERENCE Please be advised that the undersigned has conferred with opposing for Appellant's brief until September~ a
counsel on September 2, 2015 regarding this Motion, and the Counsel for
Gregorio "Greg" Casar are unopposed to the Court extending the due date
Mark Cohen{ PRESSLEY MOTION TO EXTEND TIME Page 4
CERTIFICATE OF SERVICE
*5 This is to certify that a true and correct copy of the above and foregoing has been served by efile and/or facsimile to the following persons on this 2nd day of September, 2015. Kurt Kuhn State Bar No. 24002433
KUHN HOBBS PLLC
3307 Northland Drive, # 31 0 Austin, Texas 78731 (512) 476-6000 Telephone (512) 476-6002 Facsimi le Kurt@KuhnHobbs.com Charles 'Chuck' Herring Jr. State Bar No. 095341 00 Herring & Irwin, L.L.P. 1411 West Avenue, Ste 100 Austin, TX 78701 (512) 320-0665 Telephone (512) 519-7580 Facsimile cherring@herring-irwin.com ATTORNEYS FOR APPELLEE GREGORIO "GREG" CASAR David A. Rogers State Bar No. 24014089 1201 Spyglass Drive, Suite #1 00 Austin , Texas 78746 (512) 923-1836 Telephone (512) 201-4082 Facsimile Firm@DARogerslaw.com To be appearing pro se later
Mark Cohen Page 5 PRESSLEY MOTION TO EXTEND TIME