Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 12/9/2015 3:08:10 PM JEFFREY D. KYLE Clerk IN THE COURT OF APPEALS THIRD COURT OF APPEALS 12/9/2015 3:08:10 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00455-CV *1 ACCEPTED ^[8162761] CLERK FOR THE THIRD JUDICIAL DISTRICT OF TEXAS AT AUSTIN SCOTT P. OGLE, §

Appellant, § V. § CASE NO. 03-15-00455-CV

§ MAELI HECTOR, a/k/a MAELI §

ARELLANO, a/k/a MAELI §

JOHNSON, §

Appellee. § APPELLANT’S THIRD MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, SCOTT P. OGLE (“Mr. Ogle” or “Appellant”), Appellant in

the above styled and number cause, and files this Third Motion to Extend Time to

File Appellant’s Brief, and in support thereof, would respectfully show unto this

Court the following:

I.

Pursuant to Texas Rule of Appellate Procedure 10.5(b), Mr. Ogle would show:

1) the deadline for filing Appellant’s Brief was November 23, 2015;

2) Two Requests for Extension of Time to File Appellant’s Brief has been

previously granted; *2 3) Mr. Ogle requests that the deadline to file Appellant’s Brief be extended 15

days from the filing of this motion, or until December 24, 2015;

4) Undersigned counsel reasonably believes that he will be able to complete and

file Appellant’s Brief within the time requested; and

5) No further requests for an Extension of Time to File Appellant’s Brief shall be

requested.

Further, counsel requests this extension of time to file Appellant’s Brief

because of an unusually heavy trial schedule. Said trials and trial preparation have

caused undersigned counsel to be unable to complete Appellant’s Brief within the

deadline.

Additionally, undersigned counsel was being assisted in researching and

drafting Appellant’s Brief in this Cause by attorney Gerald Staton, who passed away

suddenly on November 9, 2015. At the time of his passing, Mr. Staton was in

possession of the trial record in this case, as well as other documents and research

materials to be accessed and referred to in drafting Appellant’s Brief. Those

materials have only been obtained by undersigned counsel via other means.

Finally, as stated above, undersigned counsel reasonably believes that he will

be able to complete and file the Appellant’s Brief in this cause within the additional

time requested herein.

*3 PRAYER PREMISES CONSIDERED, APPELLANT SCOTT P. OGLE prays that this

Court grant Appellant’s Third Motion to Extend Time to File Appellant’s Brief.

Appellant further prays for any other relief to which he may show himself justly

entitled.

Respectfully submitted, /s/ Scott Ogle Scott Ogle TBN: 00797170 2028 Ben White Blvd. Austin, TX 78704 Phone: (512) 442-8833 Fax: (512) 442-3256 soglelaw@peoplepc.com CERTIFICATE OF CONFERENCE I hereby certify that a conference was not held with counsel for the defendant

after a reasonable attempt to confer, as there was no response to a message sent to

counsel for the defendant. Therefore, it is presumed that counsel for the defendant

is opposed to the granting of the relief requested in this motion.

/s/ Scott Ogle Scott Ogle CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument

has been furnished to counsel for the Appellees listed below pursuant to Rule

9.5(b)(1) of the Texas Rules of Appellate Procedure through the electronic

filing manager, as opposing counsel’s email address is on file with the

*4 electronic filing manager, on this 9th day of December , 2015.

/s/ Scott Ogle Scott Ogle Paul A. Batrice

Law Office of Paul Batrice

1114 Lost Creek Blvd., Ste. 440

Austin, Texas 78746