Laura Pressley v. Gregorio "Greg" Casar ( 2015 )

ACCEPTED 03-15-00368-CV 6448452 THIRD COURT OF APPEALS AUSTIN, TEXAS 8/11/2015 3:11:38 PM JEFFREY D. KYLE CLERK NO. 03-15-00368-CV FILED IN IN THE COURT OF APPEALS 3rd COURT OF APPEALS FOR THE THIRD SUPREME JUDICIAL DISTRICTAUSTIN, TEXAS AT AUSTIN 8/11/2015 3:11:38 PM JEFFREY D. KYLE Clerk LAURA PRESSLEY, APPELLANT vs. GREGORIO "GREG" CASAR, APPELLEE MOTION TO EXTEND TIME FOR FILING APPELLANT'S BRIEF TO THE HONORABLE COURT OF APPEALS: Now comes Laura Pressley, Appellant and pursuant to Tex.R.App.P. 10.5, moves this court to grant an extension of time to file Appellant's Brief, and respectfully states: 1. The due date for Laura Pressley, Appellant's Brief is currently August 18, 2015. The last Clerk's Record and the Reporter's Record was filed on August 7, 2015. The trial court has indicated it will file an order on Appellant's request for additional Findings of Fact and Conclusions of Law in the future. Therefore the last filing of the Record has not been set as of yet or at a minimum as of this date was August 7, 2015. Tex. R App. P. 38.6(a). 2. Laura Pressley seeks an extension of time to file Appellant's brief for 20 days from the current stated due date of August 18, 2015 or until September 8, 2014. The extension is needed because the record in this case is voluminous and rather disorganized making preparing the brief and appendix very time consuming, Appellant's attorney will be out of the office from August 22 until September 1, 2015 on a combination family/business trip and will be unable to work on the brief during that time, and Appellant's attorney has depositions and other professional commitments that will prevent him from working on the brief exclusively between the date hereto and August 18, 2015. As a result of the series of judgments and other post judgment activities of the trial court , the length and status of the record and the series of supplements and Appellant's attorney's schedule , the brief cannot be properly and efficiently prepared and filed before September 8, 2015. 3. Therefore, this Motion is in the interest of justice and orderly presentation of the issues that need to be resolved in this appeal and not for by reason of any procrastination or for delay. PRESSLEY MOTION TO EXTEND TIME Page 2 4. Counsel for Laura Pressley has conferred with counsel for Casar and Casar does not oppose this Motion to Extend Time to September 8, 2015. 5. Appellant attempted to file a previous Motion but was told it was premature and it was not accepted for filing. Consequently this is the first extension of time Laura Pressley has presented to this honorable Court for the filing of the Appellant's Brief. PRAYER For these reasons, Laura Pressley requests that this court enter an order extending the time for filing Appellant's Brief until September 8, 2015 Laura Pressley also requests any other relief to which she may be entitled. Respectfully Submitted, Mark Co en SBN : 04508400 805 West 1oth Street, Suite 100 Austin, Texas 78701 (512) 474-4424 Telephone (512) 472-5444 Facsimile mark@cohenlegalservices.com ATTORNEY FOR APPELLANT PRESSLEY MOTION TO EXTEND TIME Page 3 CERTIFICATE OF CONFERENCE Please be advised that the undersigned has conferred with opposing counsel on August 11 , 2015 regarding this Motion, and the Counsel for Gregorio "Gregll Casar are unopposed to the Court extending the due date for Appellant's brief until September 8, ~ -M-a-~-C-o~he-~ -7---~ ------------ PRESSLEY MOTION TO EXTEND TIME Page 4 CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the above and foregoing has been served by efile and/or facsimile to the following persons on this 11 th day of August, 2015. Kurt Kuhn State Bar No. 24002433 KUHN HOBBS PLLC 3307 Northland Drive,# 310 Austin, Texas 78731 (512) 476-6000 Telephone (512) 476-6002 Facsimile Kurt@KuhnHobbs.com Charles 'Chuck' Herring Jr. State Bar No. 095341 00 Herring & Irwin, L.L.P. 1411 West Avenue, Ste 100 Austin , TX 78701 (512) 320-0665 Telephone (512) 519-7580 Facsimile cherring@herring-irwin .com ATTORNEYS FOR APPELLEE GREGORIO "GREG" CASAR David A. Rogers State Bar No. 24014089 1201 Spyglass Drive, Suite #1 00 Austin, Texas 78746 (512) 923-1836 Telephone (512) 201-4082 Facsimile Firm@DARogerslaw.com To be appearing prose later M``------ PRESSLEY MOTION TO EXTEND TIME PageS