ACCEPTED
03-14-00632-CV
3608239
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/29/2014 4:56:09 PM
JEFFREY D. KYLE
CLERK
No. 03-14-00632-CV
FILED IN
3rd COURT OF APPEALS
In The Third AUSTIN, TEXAS
Court of Appeals 12/29/2014 4:56:09 PM
Austin Division JEFFREY D. KYLE
Clerk
Karl B. Bailey
Appellant,
v.
MidFirst Bank
Appellee.
ON APPEAL FROM THE DISTRICT COURT, 250TH JUDICIAL DISTRICT,
TRAVIS COUNTY, TEXAS
TRIAL COURT CAUSE NO. D-1-GN-14-002430
APPELLANT’S OPPOSED SECOND MOTION FOR EXTENSION OF
TIME TO FILE APPELLANT’S BRIEF
ANTHONY READ
SBN: 24056184
WILLIAM B. GAMMON
SBN: 07611280
GAMMON LAW OFFICE, PLLC.
1201 Spyglass Drive, Suite 100
Austin, Texas 78746
Phone: 512-444-4529
Fax: 512-545-4279
Firm@GammonLawOffice.com
ATTORNEY FOR APPELLANT
SECOND MOTION TO EXTEND APPELLANT’S BRIEF DEADLINE
CAUSE NO.: 03-14-00632-CV
PAGE 1 OF 5
TO THE HONORABLE THIRD COURT OF APPEALS
COMES NOW, Karl B. Bailey, by and through his attorneys of record and
files his Second Motion for Extension of time to file Appellant’s Brief. In support
thereof, Appellant shows as follows:
1. This appeal is from Judgment entered in Cause No. D-1-GN-14-002430, in
the 250th Judicial District Court, Travis County, Texas.
2. Judgment was signed and entered on July 2, 2014.
3. Appellant filed Plaintiff’s Motion for New Trial on July 28, 2014.
4. Appellant perfected this appeal on September 29, 2014, by filing Plaintiff’s
Notice of Appeal.
5. Appellant requested, and was granted, his first extension from December 2,
2014, to January 2, 2015, to file his brief.
6. Appellant’s brief is currently due on January 2, 2015.
7. Appellant wishes to extend the current deadline for Appellant’s Brief by ten
(10) days, from January 2, 2015, until January 12, 2015.
8. Appellant’s counsel, the undersigned, has been preparing for and attending,
and continues to prepare for numerous hearings and trial settings, as listed
below:
SECOND MOTION TO EXTEND APPELLANT’S BRIEF DEADLINE
CAUSE NO.: 03-14-00632-CV
PAGE 2 OF 5
a. Prepare for and attend hearing on December 20, 2014 in Cause
No. J2-CV-14-076182; Citimortgage, Inc. v Standiford, et al., in
the Justice Court, Precinct 2, Travis County, Texas.
b. Prepare for and attend hearing on December 1, 2014 in Cause
No. J2-CB-14-076106; Peters v Peters, et al., in the Justice
Court, Precinct 2, Travis County, Texas. Additionally, the
undersigned has been preparing for jury trial in this case,
currently set for December 31, 2014.
c. Prepare for and attend hearing on December 17, 2014 in Cause
No. J2-CV-14-076232; MidFirst Bank, et al, in the County Court
at Law, No. 2, Travis County, Texas.
d. Prepare for and attend hearing on December 15, 2014 in Cause
No. D-1-GN-14-003621; In Re: Order for Foreclosure, in the
98th District Court, Travis County, Texas.
e. Prepare for and attend hearing on December 3, 2014 in Cause
No. D-1-GN-14-001701; Champion Printing, et al, in the 345th
District Court, Travis County, Texas.
9. Appellant’s counsel has been diligently working during this holiday season.
10. Appellant’s counsel, while working on the above-listed tasks, has not been
SECOND MOTION TO EXTEND APPELLANT’S BRIEF DEADLINE
CAUSE NO.: 03-14-00632-CV
PAGE 3 OF 5
able to adequately prepare Appellee’s brief.
11.This is Appellant’s second request for extension. Appellant does not seek
this extension for purposes of delay, but so counsel may facilitate the most
efficient and effective contention, by utilizing all available resources in
order to provide effective representation.
12.The undersigned has conferred with Robert Forester, counsel for Appellee,
who informed him that he would contact his client regarding the relief sought
in this motion. Mr. Forester did not advise prior to filing of this motion and
so must be considered opposed.
WHEREFORE PREMISES CONSIDERED, Appellant respectfully requests
the court grant Appellant’s motion and extend the deadline from January 2, 2015, to
January 12, 2015, for filing of Appellant’s brief.
Respectfully submitted,
/s/ Anthony Read
By: _________________________________
WILLIAM B. GAMMON, SBN: 07611280
ANTHONY READ, SBN: 24056184
GAMMON LAW OFFICE, PLLC.
1201 Spyglass Drive, Suite 100
Austin, Texas 78746
Phone: 512-444-4529
Fax: 512-545-4279
Firm@GammonLawOffice.com
ATTORNEYS FOR APPELLANT
SECOND MOTION TO EXTEND APPELLANT’S BRIEF DEADLINE
CAUSE NO.: 03-14-00632-CV
PAGE 4 OF 5
CERTIFICATE OF CONFERENCE
Pursuant to Texas Rules of Appellate Procedure 10.1(a)(5), I hereby certify that our office
has conferred, or made a reasonable attempt to confer, with all other parties which are listed below
about the merits of this motion on this the 29th day of December, 2014.
Name: Robert Forester
Date Contacted: December 29, 2014
Method of contact: Phone at 972-340-7935
Results: Mr. Forester informed the undersigned that he would confer with his client regarding this
motion. However, he did not contact Appellant with an answer therefore it must be assumed, is
opposed to this request for extension of time for Appellant to file his brief.
/s/ Anthony Read
_____________________________
Anthony Read
CERTIFICATE OF SERVICE
Pursuant to Texas Rules of Appellate Procedure 9.5, I hereby certify that a true and correct copy
of the foregoing instrument has been served on this 29th day of December, 2014.
Participants in the case who are registered CM/ECF users will be served by the CM/ECF system
and copies will be mailed via facsimile to those indicated as non-registered participants on
December 29, 2014.
CHRIS POCHYLA, SBN: 24032842
BARRETT DAFFIN FRAPPIER TURNER &ENGLE, LLP
15000 Surveyor Blvd., Ste. 100
Addison TX 75001
Phone: 972-340-7935
Fax: 972-341-0734
Counsel for MidFirst Bank
/s/ Anthony Read
_____________________________
Anthony Read
SECOND MOTION TO EXTEND APPELLANT’S BRIEF DEADLINE
CAUSE NO.: 03-14-00632-CV
PAGE 5 OF 5