Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 8/7/2015 11:42:30 AM JEFFREY D. KYLE Clerk NO. 03-15-00128-CV THIRD COURT OF APPEALS 8/7/2015 11:42:30 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00128-CV *1 ACCEPTED ^[6402212] CLERK IN THE COURT OF APPEALS FOR THE THIRD COURT OF APPEALS DISTRICT AT AUSTIN, TEXAS Tedde R. Blunck Appellant v.

Cathy A. Blunck Appellee From the 22nd Judicial District Court of Hays County, Texas UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEE'S BRIEF TO THE HONORABLE COURT OF APPEALS FOR THE THIRD COURT OF

APPEALS DISTRICT OF TEXAS:

Pursuant to Rule 1 0.5(b) and Rule 38.6(d) of the Texas Rules of Appellate

Procedure, Cathy A. Blunck, the Appellee in these proceedings, respectfully requests

that this Court grant an extension of the deadline by which she is required to file her

Page 1 *2 brief in this case.

Matters required by Rule 10.5(b) of the Texas Rules of Appellate Procedure

In compliance with Rule 1 0.5(b )( 1) of the Texas Rules of Appellate Procedure,

Appellee's counsel advises this Court of the following matters:

(A) The original deadline for the filing of Appellee's brief as

established by Rule 38.6(b) was 9 July 2015. On 6 July 20 15, the Court extended that deadline to 1 0 August 20 15.

(B) The length of the extension sought is 18 days.

(C) The facts reasonably relied on to reasonably explain the

need for an extension- (see below) (D) The number of previous extensions granted regarding the

ite1n in question - One

Explanation of Need for Extension of Time to File Notice of Appeal

Pursuant to Rule 38.6(d) of the Texas Rules of Appellate Procedure, this Court

has previously extended the deadline for the filing of the Appellee's brief in this

case. The current deadline is 10 August 2015. As counsel advised this Court in his

prior motion, the issues addressed by Appellant is his brief dictate that Appellee

provide the Court with a comprehensive analysis of the relevant case law and

evidence regarding the issues raised by Appellant. Counsel had hoped to be able to

Page2 *3 complete Appellee's brief by 1 0 August, but has been unable to do so due to other

cases and cotnmitments to the Family Law Section of the State Bar. Accordingly,

Appellee will require additional time to prepare her responsive brief and is requesting

an extension until 28 August 2015, in order to allow for sufficient time to complete

Appellee's responsive brief.

Appellant does not object to the requested extension

Pursuant to 10.1 (a)(5) of the Texas Rules of Appellate Procedure, the

undersigned counsel advises this Court that, prior to making this request, he has

conferred with Appellant in this matter and that Appellant has indicated that he does

not oppose the granting of this request for an extension of time.

WHEREFORE, ABOVE PREMISES CONSIDERED, the undersigned

attorney, individually and on behalf of the Appellee in this case, respectfully prays

that upon consideration of the matters set forth herein, this Court extend the deadline

for filing of Appellee's brief to 28 August 20 15.

Page 3 *4 Respectfully Submitted, LAW OFFICE OF KARL E. HAYS, PLLC 2101 South IH35, Suite 210 Austin, Texas 787 41 512-4 7 6-1911 512-476-1904 facsimile service@haysfamilylaw .com Is/ Karl E. Hays By: Karl E. Hays State Bar Number 09307050 ATTORNEY FOR CATHY A. BLUNCK Page4 *5 VERIFICATION STATE OF TEXAS §

COUNTY OF TRAVIS §

Before me, the undersigned notary public, on this day personally appeared Karl

E. Hays, who upon oath said:

1. My name is Karl E. Hays. I am over the age of eighteen years and do not

suffer from any legal or mental disability that would render me incapable of testifying

to the matters set forth herein. I have personal knowledge of all facts stated in this

affidavit, which are true and correct.

2. I am the attorney of record for Cathy A. Blunck, who is the Appellee in

this cause. I have read the foregoing Unopposed Motion for Extension ofTime to File

Appellee's Brief, including all of the factual statements contained in it. Each of the

factual statements is within my personal knowledge and is true and correct.

/~2 ;d~--- • Karl E. Hays

SWORN TO and SUBSCRIBED before me by Karl E. Hays, on the 7th day of

August 2015. "''''VJ''''IJ

I lRACV TODD /.~~ Notary Public, ~tate of Texas \ ~. _: .. i My Commisston Exptres .. 2.;,iai'"V september 09, 201 7 • --.,""'''~

PageS *6 CERTIFICA'fE OF CONFERENCE Pursuant to Rule 10.1 (a)(5) of the Texas Rules of Appellate Procedure, the

undersigned attorney hereby certifies that he has conferred with Appellant regarding

the substance of this motion and that Appellant has indicated that he does not oppose

the granting of the requested extension of time.

Is/ Karl E. Hays Karl E. Hays CERTIFICATE OF SERVICE In cotnpliance with Rule 9.5(a), 9.5(d), and 9.5(e) of the Texas Rules of

Appellate Procedure, the undersigned attorney certifies that a true and correct copy

of the foregoing motion for extension of time has been served upon the below-named

individual, in the manner noted below, as prescribed by Rule 9.5(b) of the Texas

Rules of Appellate Procedure on this 7th day of August 2015.

Is/ Karl E. Hays Karl E. Hays Via E-File Transmission

Tedde R. Blunck

502 Quitman Street

P.O. Box 1152

Pittsburg, Texas 75686

tblunck@yahoo.com

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