Tedde R. Blunck v. Cathy A. Blunck ( 2015 )

ACCEPTED
03-15-00128-CV
6402212
THIRD COURT OF APPEALS
AUSTIN, TEXAS
8/7/2015 11:42:30 AM
JEFFREY D. KYLE
CLERK
NO. 03-15-00128-CV
FILED IN
3rd COURT OF APPEALS
IN THE COURT OF APPEALS AUSTIN, TEXAS
8/7/2015 11:42:30 AM
FOR THE JEFFREY D. KYLE
Clerk
THIRD COURT OF APPEALS DISTRICT
AT AUSTIN, TEXAS
Tedde R. Blunck
Appellant
v.
Cathy A. Blunck
Appellee
From the 22nd Judicial District Court
of Hays County, Texas
UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE APPELLEE'S BRIEF
TO THE HONORABLE COURT OF APPEALS FOR THE THIRD COURT OF
APPEALS DISTRICT OF TEXAS:
Pursuant to Rule 10.5(b) and Rule 38.6(d) of the Texas Rules of Appellate
Procedure, Cathy A. Blunck, the Appellee in these proceedings, respectfully requests
that this Court grant an extension of the deadline by which she is required to file her
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brief in this case.
Matters required by Rule 10.5(b) of the Texas Rules of Appellate Procedure
In compliance with Rule 10.5(b )( 1) of the Texas Rules of Appellate Procedure,
Appellee's counsel advises this Court of the following matters:
(A) The original deadline for the filing of Appellee's brief as
established by Rule 38.6(b) was 9 July 2015. On 6 July
20 15, the Court extended that deadline to 10 August 20 15.
(B) The length of the extension sought is 18 days.
(C) The facts reasonably relied on to reasonably explain the
need for an extension- (see below)
(D) The number of previous extensions granted regarding the
ite1n in question - One
Explanation of Need for Extension of Time to File Notice ofAppeal
Pursuant to Rule 38.6(d) of the Texas Rules of Appellate Procedure, this Court
has previously extended the deadline for the filing of the Appellee's brief in this
case. The current deadline is 10 August 2015. As counsel advised this Court in his
prior motion, the issues addressed by Appellant is his brief dictate that Appellee
provide the Court with a comprehensive analysis of the relevant case law and
evidence regarding the issues raised by Appellant. Counsel had hoped to be able to
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complete Appellee's brief by 10 August, but has been unable to do so due to other
cases and cotnmitments to the Family Law Section of the State Bar. Accordingly,
Appellee will require additional time to prepare her responsive brief and is requesting
an extension until 28 August 2015, in order to allow for sufficient time to complete
Appellee's responsive brief.
Appellant does not object to the requested extension
Pursuant to 10.1 (a)(5) of the Texas Rules of Appellate Procedure, the
undersigned counsel advises this Court that, prior to making this request, he has
conferred with Appellant in this matter and that Appellant has indicated that he does
not oppose the granting of this request for an extension of time.
WHEREFORE, ABOVE PREMISES CONSIDERED, the undersigned
attorney, individually and on behalf of the Appellee in this case, respectfully prays
that upon consideration of the matters set forth herein, this Court extend the deadline
for filing of Appellee's brief to 28 August 20 15.
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Respectfully Submitted,
LAW OFFICE OF KARL E. HAYS, PLLC
2101 South IH35, Suite 210
Austin, Texas 787 41
512-4 76-1911
512-476-1904 facsimile
service@haysfamilylaw.com
By: Is/ Karl E. Hays
Karl E. Hays
State Bar Number 09307050
ATTORNEY FOR CATHY A. BLUNCK
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VERIFICATION
STATE OF TEXAS §
COUNTY OF TRAVIS §
Before me, the undersigned notary public, on this day personally appeared Karl
E. Hays, who upon oath said:
1. My name is Karl E. Hays. I am over the age of eighteen years and do not
suffer from any legal or mental disability that would render me incapable of testifying
to the matters set forth herein. I have personal knowledge of all facts stated in this
affidavit, which are true and correct.
2. I am the attorney of record for Cathy A. Blunck, who is the Appellee in
this cause. I have read the foregoing Unopposed Motion for Extension ofTime to File
Appellee's Brief, including all of the factual statements contained in it. Each of the
factual statements is within my personal knowledge and is true and correct.
/~2 ;d~---
•
Karl E. Hays
SWORN TO and SUBSCRIBED before me by Karl E. Hays, on the 7th day of
August 2015.
I "''''VJ''''IJ lRACV TODD
/.`` Notary Public, ~tate of Texas
\ ~. _:..i My Commisston Exptres
..2.;,iai'"V september 09, 201 7 •
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PageS
CERTIFICA'fE OF CONFERENCE
Pursuant to Rule 10.1 (a)(5) of the Texas Rules of Appellate Procedure, the
undersigned attorney hereby certifies that he has conferred with Appellant regarding
the substance of this motion and that Appellant has indicated that he does not oppose
the granting of the requested extension of time.
Is/ Karl E. Hays
Karl E. Hays
CERTIFICATE OF SERVICE
In cotnpliance with Rule 9.5(a), 9.5(d), and 9.5(e) of the Texas Rules of
Appellate Procedure, the undersigned attorney certifies that a true and correct copy
of the foregoing motion for extension of time has been served upon the below-named
individual, in the manner noted below, as prescribed by Rule 9.5(b) of the Texas
Rules of Appellate Procedure on this 7th day of August 2015.
Is/ Karl E. Hays
Karl E. Hays
Via E-File Transmission
Tedde R. Blunck
502 Quitman Street
P.O. Box 1152
Pittsburg, Texas 75686
tblunck@yahoo.com
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