James C. Mosser and Mosser Law PLLC v. Bob Mims ( 2015 )

ACCEPTED
03-15-00365-CV
7741308
THIRD COURT OF APPEALS
AUSTIN, TEXAS
11/9/2015 11:52:44 AM
JEFFREY D. KYLE
CLERK
No. 03-15-00365-CV
IN THE FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
THIRD JUDICIAL DISTRICT COURT OF APPEALS
11/9/2015 11:52:44 AM
JEFFREY D. KYLE
at AUSTIN, TEXAS Clerk
JAMES C. MOSSER and MOSSER LAW PLLC,
Appellants
v.
BOB MIMS,
Appellee
APPEALED FROM THE 340th JUDICIAL DISTRICT COURT
TOM GREEN COUNTY, TEXAS
APPELLANTS’ THIRD MOTION TO EXTEND TIME TO FILE ORIGINAL
BRIEF
COMES NOW, Appellants, James C. Mosser, and Mosser Law PLLC, and
files this their Motion to Extend Time to File Original Brief, and in support
thereof would show the following:
INTRODUCTION
1. Appellants are James C. Mosser, and Mosser Law, PLLC.
2. Appellee is Bob Mims.
3. There is no specific deadline to file this motion to extend time. See
APPELLANTS’ MOTION TO EXTEND TIME Page 1 of 5
TEX. R. APP. P. 38.6(d).
ARGUMENT & AUTHORITIES
4. The Court has authority under Texas Rule of Appellate Procedure
38.6(d) to extend the time to file a brief.
5. Appellants’ Brief is Due on November 9, 2015
6. Appellants’ request an additional fourteen days to file their brief,
extending the time until Monday, November 23, 2015.
7. Two extensions has been granted to extend the time to file the
Appellants’ Brief.
8. In addition to working on this appeal, Counsel for Appellants has
been handling a very busy litigation schedule in the thirty days since
the court granted its previous extension. Counsel has engaged in
significant trial preparation work, trial attendance, discovery, and was
required to respond to a voluminous Motion for Summary Judgment.
9. Furthermore, the trial court’s extensive order awarding sanctions in
this case is nine pages long consisting of fifty-four paragraphs.
Appellant must respond to each assertion made therein, or it risks
waiving an issue on appeal. CR 1: 420-428
10. Additionally, Counsel for Appellants believes that the unique
APPELLANTS’ MOTION TO EXTEND TIME Page 2 of 5
positions on the law that undergird this case, positions on which the
Supreme Court has granted a Petition for Review, warrant additional
research to ensure that all matters are fully and adequately briefed
for this court. See Wood v. HSBC et al., 439 S.W.3d 585
(Tex.App.–Houston [14th Dist] 2014, pet. filed), review granted,
No.14-0714 (Tex. October 9, 2015).
11. Thus, this motion is not filed for the purpose of delay, but to allow
counsel adequate time to responsibly complete the brief on the
merits.
CONCLUSION
12. Appellant’s busy litigation schedule, coupled with the Supreme
Court’s decision to grant review in Wood v. HSBC and the effect that
decision may have on this appeal and the unique positions presented
in the trial court’s order and here warrants an additional extension of
time.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellants ask the Court to
grant an extension of time to file their brief until Monday, November 9,
2015
APPELLANTS’ MOTION TO EXTEND TIME Page 3 of 5
Respectfully Submitted, MOSSER LAW PLLC
/s/ Paul J. Downey
James C. Mosser
Texas Bar No. 00789784
Nicholas D. Mosser
Texas Bar No. 24075405
Paul J. Downey
Texas Bar No. 24080659
2805 Dallas Parkway, Suite 220
Plano, Texas 75093
Tel. (972) 733-3223
Fax. (469) 626-1073
courtdocuments@mosserlaw.com
CERTIFICATE OF CONFERENCE
I hereby certify that I have conferred with Larry W. Bale, Counsel for
Appellee, by telephone on November 9, 2015 in accordance with TEX. R.
CIV. P. 10.5(a)(5), and he remains opposed to any extensions in this case.
/s/ Paul J. Downey
Paul J. Downey.
CERTIFICATE OF SERVICE
I hereby certify that on November 9, 2015, I served a copy of Appellants’
Motion to Extend Time to File Original Brief on the party listed below by
electronic service and that the electronic transmission was reported as
complete. My email address is courtdocuments@mosserlaw.com
/s/ Paul J. Downey
Paul J. Downey
Appellee
Bob Mims, represented by
Hay, Wittenburg, Davis, Caldwell & Bale, LLP
Larry W. Bale
APPELLANTS’ MOTION TO EXTEND TIME Page 4 of 5
Texas Bar No. 01629830
P.O. Box 271
San Angelo, Texas 76092
Tel. (325) 658-2728
lwb@hwdcb.com
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