Bobbie White v. Josefino Bencomo III ( 2015 )

ACCEPTED 03-14-00812-CV 4957254 THIRD COURT OF APPEALS AUSTIN, TEXAS 4/20/2015 3:39:31 PM JEFFREY D. KYLE CLERK CAUSE NO. 03-14-00812-CV IN THE COURT OF APPEALS FILED IN 3rd COURT OF APPEALS FOR THE AUSTIN, TEXAS 3rd JUDICIAL DISTRICT OF TEXAS 4/20/2015 3:39:31 PM AUSTIN, TEXAS JEFFREY D. KYLE ___________________________________________________ Clerk BOBBIE WHITE, Appellant, VS. JOSEFINO BENCOMO III, Appellee ___________________________________________________ APPELLEE’S FIRST UNOPPOSED MOTION TO EXEND TIME FOR FILING BRIEF From the District Court, 26th Judicial District of Williamson County, Texas Trial Court Cause No. 14-0374-C26, The Honorable Donna King, Judge ___________________________________________________ Respectfully submitted, FRED E. WALKER, P.C. /s/Fred E. Walker Fred E. Walker Texas Bar No. 20700400 609 Castle Ridge Road, Suite 220 Austin, TX 78746 Tel. (512) 330-9977 Fax. (512) 330-1686 Attorney for Defendant Josefino Bencomo III ATTORNEY FOR APPELLEE TO THE HONORABLE THIRD COURT OF APPEALS: Pursuant to TEX. R. APP. P. 10.1 and 38.6(d), the Appellee, Josefino Bencomo III files this Unopposed First Motion to Extend Time to File Appellee’s Brief. Appellee’s opening brief is currently due on April 20, 2015. Counsel for Appellee requests a two week extension of time to file its brief, making the brief due on May 4, 2015. This is the first request for extension of time to file the opening brief. Counsel for Appellee relies on the following reasons, in addition to the routine matters that counsel must attend to in daily practice, to explain the need for the requested extension: Counsel is recovering from a recent medical procedure and, as a result, he will not be able to prepare the brief in time to meet the Court’s briefing deadline absent an extension. Counsel for Appellee seeks this extension of time to be able to prepare a cogent and succinct brief to aid this Court in its analysis of the issues presented. This request is not sought for delay but so that justice may be done. The undersigned has conferred with opposing counsel, and he has indicated that his client does not oppose this motion. All facts recited in this motion are within the personal knowledge of the counsel signing this motion, therefore no verification is necessary under Rule of Appellate Procedure 10.2. PRAYER FOR RELIEF For the reasons set forth above, Appellant/Appellee requests that this Court grant this Unopposed First Motion to Extend Time to File Appellant/Appellee’s Brief and extend the Deadline for Filing the Appellee’s Brief up to and including May 4, 2015. Respectfully submitted, FRED E. WALKER, P.C. /s/Fred E. Walker Fred E. Walker Texas Bar No. 20700400 609 Castle Ridge Road, Suite 220 Austin, TX 78746 Tel. (512) 330-9977 Fax. (512) 330-1686 Attorney for Defendant Josefino Bencomo III ATTORNEY FOR APPELLEE CERTIFICATE OF CONFERENCE I certify that I conferred with counsel for Appellant regarding this motion and that Appellant is not opposed to this motion. /s/Fred E. Walker Fred E. Walker CERTIFICATE OF SERVICE I certify that on April 20, 2015, I served a copy of this motion to Tony A Pitts, Counsel for Appellant, by facsimile transmission to 512-244-4355 and by email to tapitts@taplawfrim.com. /s/Fred E. Walker