Kristin Lee v. K & N Management, Inc. D/B/A Rudy's Country Store and Bar-B-Q ( 2015 )

ACCEPTED 03-15-00243-CV 6128036 THIRD COURT OF APPEALS AUSTIN, TEXAS 7/20/2015 9:07:43 AM JEFFREY D. KYLE CLERK CAUSE NO. 03-15-00243-CV KRISTIN LEE § IN THE THIRD FILED IN Appellant, § 3rd COURT OF APPEALS § AUSTIN, TEXAS 7/20/2015 9:07:43 AM vs. § COURT OF APPEALS JEFFREY D. KYLE § Clerk K & N MANAGEMENT, INC. d\b\a § RUDY’S COUNTRY STORE AND § BAR-B-Q; § Appellee. § AUSTIN, TEXAS APPELLANT’S UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF TO THE HONORABLE COURT: Appellant Kristin Lee asks the Court to extend the time to file her brief until July 24, 2015. I. INTRODUCTION 1. Appellant is Kristin Lee. Appellee is K & N Management, Inc. d\b\a Rudy’s Country Store and Bar-B-Q. 2. A deadline of July 24, 2015 has been set by the Court to file a response to the Clerk’s letter of July 14, 2015. The letter notified Appellant that her brief was due as of June 26, 2015, as the Clerk’s record was filed May 20, 2015. Appellant’s attorney received an e-mail indicating that the Clerk’s record had been filed; however, that e-mail was not read by counsel until the Clerk’s letter of July 14, 2015 was received. 3. The parties have agreed to this motion. II. ARGUMENT & AUTHORITIES 4. The Court has the authority under Tex. R. App. P. 38.6(d) to extend the time to file a brief. 5. Appellant’s brief was due on June 26, 2015. 6. Appellant requests that she be permitted to file her brief on July 24, 2015. 7. No previous extension has been granted to extend the time to file Appellant’s brief. 8. Though an e-mail from the Clerk was sent to Appellant’s counsel on June 26, 2015 indicating that the Clerk’s record had been filed (and triggering the deadline for Appellant to file her brief), the e-mail was not seen by Appellant’s counsel until the Clerk’s letter of July 14, 2015 was sent. Appellant’s brief is prepared and will be filed concurrent with this request for extended time to file Appellant’s brief. III. CONCLUSION 9. Appellant asks for additional time to file her brief. Appellant’s brief was due on June 26, 2015 and Appellant request that she be permitted until July 24, 2015 to file her brief, which is being filed concurrent with this request. IV. PRAYER 10. For these reasons, Appellant Kristin Lee asks the Court to grant an extension of time to file her brief until July 24, 2015. 2 Respectfully submitted, LAW OFFICES OF PRICE AINSWORTH, P.C. 3821 JUNIPER TRACE, #210 AUSTIN, TEXAS 78738 price@ainsworth-law.com 512-233-1111 512-472-9157 fax By: Price Ainsworth State Bar No. 00950300 ATTORNEY FOR PLAINTIFF CERTIFICATE OF CONFERENCE I certify that I have conferred with Ethan Goodwin by e-mail, and he has agreed and is unopposed to extending Appellant’s time to file an answer. ________________________________ Price Ainsworth CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing document has been served on the following counsel of record on this the 17th day of July 2015: VIA FACSIMILIE – 512-383-0503 Ethan F. Goodwin Clark, Price & Trevino 1701 Directors Boulevard, #920 Austin, Texas 78744 ________________________________ Price Ainsworth 3