State v. Philip Dubord ( 2015 )

ACCEPTED 03-15-00553-CR 8221400 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/14/2015 12:40:42 PM JEFFREY D. KYLE CLERK NO. 03-15-00553-CR In the Third Court of Appeals FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS Austin, Texas 12/14/2015 12:40:42 PM JEFFREY D. KYLE THE STATE OF TEXAS, Clerk Appellant Vs. PHILIP DUBORD Appellee FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF WAYNE MEISSNER State Bar Number 13912000 FITZGERALD & MEISSNER, P.C. 812 San Antonio, Suite 400 Austin, Texas 78701 (512) 474-4700 (512) 474-1606 (FAX) wmeissner@fitzgeraldmeissner.com December 14, 2015 ATTORNEY FOR APPELLEE TO THE HONORABLE THIRD COURT OF APPEALS: Pursuant to Tex. R. App. P. 10.1 and 38.6(d), the Appellee, Philip Dubord, files this First Motion to Extend Time to File Appellee’s Brief. Appellee’s brief was apparently due November 30, 2015 although we mistakenly overlooked the designation of the State’s Appeal as being accelerated. Counsel for Appellee requests an extension of time to file its brief, making the brief due on or before December 21, 2015 consistent with the Court’s Notice Letter dated December 9, 2015. This is the first request for extension of time to file the opening brief. Counsel was not aware that this was an accelerated brief; therefore, counsel believed the due date of 30 days from the November 10, 2015 receipt of Appellant’s Brief was appropriate for this case. Counsel for Appellee seeks this extension of time for the Court to accept Appellee’s previously filed 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. 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. 1 PRAYER FOR RELIEF For the reasons set forth above, Appellee request that this Court grant this First Motion to Extend Time to File Appellee’s Brief and extend the Deadline for Filing the Appellee’s Brief up to and including December 21, 2015. Respectfully submitted, FITZGERALD & MEISSNER, P.C. 812 San Antonio, Suite 400 Austin, Texas 78701 (512) 474-4700 (512) 474-1606 (FAX) By: ______________________________ Wayne Meissner State Bar No. 13912000 Attorney for Appellee wmeissner@fitzgeraldmeissner.com CERTIFICATE OF SERVICE I certify that I have sent a complete and legible copy of this Appellee’s brief via electronic transmission, to the Travis County Attorney’s Office, ATTN: Giselle Horton at TCAppellate@traviscountytx.gov on 14th day of December, 2015. __________________________________ Wayne Meissner 2