Suzanna Eckchum A/K/A Susan Eckhert v. State ( 2015 )

ACCEPTED 03-15-00270-CV 6042245 THIRD COURT OF APPEALS AUSTIN, TEXAS 7/13/2015 3:21:38 PM JEFFREY D. KYLE CLERK NO. 03-15-00270-CV __________________________________________________________________ FILED IN IN THE THIRD COURT OF APPEALS 3rd COURT OF APPEALS AUSTIN, TEXAS AUSTIN, TEXAS 7/13/2015 3:21:38 PM __________________________________________________________________ JEFFREY D. KYLE Clerk SUZANNA ECKCHUM Appellant, v. THE STATE OF TEXAS FOR THE PROTECTION OF HAL KETCHUM Appellee. __________________________________________________________________ ON APPEAL FROM THE COUNTY COURT AT LAW NO. 2 OF COMAL COUNTY CAUSE NO. C2014-1690C __________________________________________________________________ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF __________________________________________________________________ Mysha Lubke BAKER BOTTS L.L.P. State Bar No. 24083423 98 San Jacinto Blvd., Suite 1500 Austin, TX 78701 (512) 322-2500 (512) 322-2501 (fax) mysha.lubke@bakerbotts.com ATTORNEY FOR APPELLANT Active 20059078.1 1 TO THE HONORABLE THIRD COURT OF APPEALS: Appellant Suzanna Eckchum respectfully files this Unopposed Motion for Extension of Time to File Appellant’s Brief, requesting that the time for filing be extended to August 24, 2015, and in support, respectfully shows the Court the following: 1. Currently, the Brief of Appellant is due on or before July 16, 2015. 2. This extension is necessary because undersigned appellate counsel has requested that the court reporter supplement her record with proceedings included in an earlier request for the reporter’s record. It is possible that the reporter’s record will not be supplemented in time to be adequately incorporated in the brief. 3. In addition, the demands of other litigation will prevent undersigned counsel from working on the brief in the coming weeks, including preparing for, traveling for, and trying a case in Washington state the week of July 20, 2015. 4. Further, the undersigned counsel will be out of the country from August 3, 2015 to August 13, 2015. 5. No previous extension has been requested or granted for this brief. Active 20059078.1 2 6. This extension is not sought for purposes of delay, and the State will not be prejudiced by this extension. For these reasons, Appellant respectfully requests that this Court grant a 40-day extension of time to file Appellant’s Brief, for a new deadline of August 24, 2015. Respectfully submitted, By: /s/ Mysha Lubke Mysha Lubke State Bar No. 24083423 mysha.lubke@bakerbotts.com BAKER BOTTS L.L.P. 98 San Jacinto Blvd., Suite 1500 Austin, TX 78701 Telephone: (512) 322-2500 Facsimile: (512) 322-2501 ATTORNEY FOR APPELLANT SUZANNA ECKCHUM Active 20059078.1 3 CERTIFICATE OF CONFERENCE I certify that on July 13, 2015, I spoke with Joshua Presley, an attorney at the Comal County Criminal District Attorney’s office, regarding this motion for extension of time, and he stated that the State does not oppose this motion. / s / Mysha Lubke Mysha Lubke CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been served by electronic filing and fax on July 13, 2015: Counsel for the State of Texas for the Protection of Hal Ketchum: The Honorable Jennifer A. Tharp Comal County Criminal District Attorney 150 North Seguin, Suite 370 New Braunfels, Texas 78130 preslj@co.comal.tx.us fax: 830-608-2008 / s / Mysha Lubke Mysha Lubke Active 20059078.1 4