Gerald Kostecka v. Smokey Mo's Franchise, LLC D/B/A Smokey Mo's BBQ ( 2015 )

ACCEPTED
03-15-00295-CV
6186866
THIRD COURT OF APPEALS
AUSTIN, TEXAS
7/22/2015 11:43:25 PM
JEFFREY D. KYLE
CLERK
DOCKET NO. 3-15-00295-CV
GERALD KOSTECKA § THIRD COURT OF
FILED IN
§ APPEALS3rd COURT OF APPEALS
AUSTIN, TEXAS
§ 7/22/2015 11:43:25 PM
V. § JEFFREY D. KYLE
Clerk
§
SMOKEY MO'S FRANCHISE, §
LLC D/B/A SMOKEY MO'S
BBQ AUSTIN, TEXAS
APPELLANT’S AGREED MOTION FOR EXTENSION
OF TIME TO FILE APPELLATE BRIEF
COMES NOW, Appellant Gerald Kostecka, and pursuant to the
Texas Rules of Appellate Procedure 38.6(d) and 10.5(b), files this
Agreed Motion for Extension of Time to File Appellate Brief, and in
support thereof would show as follows:
I.
Appellant’s brief in this case was due July 15, 2015. Appellant is
seeking a 21-day extension of time to file the brief until August 5, 2015.
Appellee agrees that Appellant should be granted this 21-day extension
of time to file his brief. Appellant understands that Texas Rule of
Appellate Procedure 38.6(b) allows him to file this Motion after the
deadline, but Appellant would have filed before the deadline if it had not
been for technical e-filing issues which prevented the filing. Those
issues have now been resolved. This is the first request for an extension
of time to file his brief made by Appellant.
II.
Appellant’s counsel has had a very busy schedule this summer and
will continue to have a very full docket for the next few weeks.
Appellant’s counsel is also a trial attorney and has a number of cases
pending before Travis County, Hays County and Williamson County
courts, as well as before courts of other counties in Texas. In addition,
Appellant’s counsel has recently gone through a divorce proceeding in
Travis County and has substantial responsibilities relating to his 11 and
13 year old sons this summer. Inasmuch as his former spouse has less
flexibility in her job than Appellant’s counsel, the undersigned counsel
has taken on a large role in meeting the needs of his children this
summer, and will continue to do so as the summer progresses. Also,
Appellant’s counsel has an 86-year old mother living in Central Texas
who is ill and needs substantial time and attention, which only the
undersigned counsel is situated to provide. Further, the undersigned
counsel’s life-long friend and cousin has sustained severe injuries and
needs the undersigned counsel’s care and attention. The undersigned
counsel has provided the same.
III.
This Motion is not filed for delay only, but so that justice may be
done. The undersigned counsel has personal knowledge of the facts set
forth in this Motion. Appellant respectfully requests that this Court
extend the deadline for filing Appellant’s brief until August 5, 2015.
WHEREFORE, PREMISES CONSIDERED, Appellant Gerald
Kostecka respectfully requests that this Court grant his Agreed Motion
for Extension of Time to File Appellant’s Brief, and requests that the
Court grant such further and other relief to which Appellant may be
entitled.
Respectfully submitted,
LAW OFFICE OF STUART WHITLOW
By: /s/ Stuart Whitlow__________
Stuart Whitlow
Texas Bar No.: 21378050
1104 S. Mays, Suite 116
Round Rock, Texas 78664
Tel. (737) 346-1839
Fax (512) 218-9235
Email stuartrtwhitlowlaw@yahoo.com
Attorney for Appellant
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and
foregoing legal instrument was served upon Robert House, Clark &
Trevino, 1701 Directors Boulevard, Suite 920, Austin, Texas 78744, in
accordance with the Texas Rules of Civil Procedure on the 20th day of
July, 2015.
_/s/Stuart Whitlow_________________
Stuart Whitlow
CERTIFICATE OF CONFERENCE
This is to certify that Stuart Whitlow, counsel for Appellant Gerald
Kostecka conferred with counsel for Appellee and said counsel agreed
that Appellant should be granted three an extension of three weeks to
file his appellate brief.
_/s/Stuart Whitlow________
Stuart Whitlow