Sandra Kay Hargrove v. Gary M. Hargrove ( 2015 )

ACCEPTED 03-15-00415-CV 8309665 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/18/2015 3:56:16 PM JEFFREY D. KYLE CLERK No. 03-15-00415-CV FILED IN 3rd COURT OF APPEALS In the Court of Appeals AUSTIN, TEXAS For the Third Judicial District 12/18/2015 3:56:16 PM Sitting at Austin, Texas JEFFREY D. KYLE Clerk Sandra Kay Hargrove v. Gary M. Hargrove Appealed from the 27th Judicial District Court of Bell County, Texas Appellee’s Third Motion To Extend Time To File Brief Christopher L. Cornish State Bar No. 24065079 CORNISH LAW FIRM, PLLC 404 North Main Street Belton, Texas 76513 Tel: (254) 939-5200 Fax: (254) 939-2121 chris@cornishlawfirm.com Attorney for Appellee 1 No. 03-15-00415-CV Sandra Kay Hargrove v. Gary M. Hargrove Appellee’s Third Motion To Extend Time To File Brief To the Honorable Court of Appeals: Comes now Gary Hargrove, who is the Appellee in the above case, and files this Motion to Extend Time to File Brief. In support of this Motion, Appellee would show as follows: 1. The Reporter’s Record was filed in this case on August 20, 2015. The last Supplemental Clerk’s Record was filed in this case on November 12, 2015. Appellant filed her brief on September 21, 2015. The Court has previously granted two extensions of time in this case. Appellee’s Brief would otherwise be due on December 23, 2015. 2. Appellee requests that the deadline to file Appellee’s Brief be extended for (30) days. 2 3. Good cause exists for the extension of time to file the Appellee’s Brief in this case. Appellee’s counsel who is responsible for the preparation of the Brief was not trial counsel and this case involves a lengthy procedural history that required an additional supplemental clerk’s record that has now been completed and sent to the client for review. In addition, counsel requires the additional time to ensure adequate communication with the client prior to filing. This final extension will allow for proper coordination in light of travel schedules and vacation notices in final communications with the client prior to filing. 4. No party will be prejudiced by the extension of time requested, and counsel will not oppose any effort to expedite the consideration of this case in the future should the Court deem it appropriate, or if it is requested by the opposition. Appellee requests that the Court extend the time for filing the Appellee’s Brief in this case to January 22, 2016. 5. The extension of time for the Appellee is an amount of time that is not unusual for briefs in this Court. Wherefore, premises considered, Appellee respectfully requests the Court 3 extend the time for filing his Brief up to and including January 22, 2016. Respectfully submitted, /s/ Christopher L. Cornish Christopher L. Cornish State Bar No. 24065079 Attorney for Appellee Certificate of Conference On December 18, 2015, I sent correspondence to Appellant’s attorney and informed him that the Appellee would be requesting an extension to file his brief. There was no opposition expressed to the extension in response at the time of filing this motion. /s/ Christopher L. Cornish Christopher L. Cornish Certificate of Compliance In accordance with the Texas Rules of Appellate Procedure 9.4, the undersigned attorney of record certifies that this filing contains 14-point typeface for the body of the document, 12-point typeface for footnotes of the document, if any, and contains 500 or less words as indicated by the word count software, excluding those words identified as exempt from the word count under the rule and was prepared on Microsoft Word 2010. /s/ Christopher L. Cornish Christopher L. Cornish 4 Certificate of Service I hereby certify that a true and correct copy of the foregoing was sent to the person(s) named below, at the address shown by placing the same in a properly addressed envelope, postage pre-paid, and mailing the document by first class mail (or by other means stated below) on December 18, 2015. Doug W. Ray Via Facsimile (512) 328-1156 Attorney for Appellant 2700 Bee Caves Road Austin, Texas 78746 /s/ Christopher L. Cornish Christopher L Cornish Attorney for Appellee 5