Don Titel and Carol Titel v. Morris G. Melchor and Lisa Melchor

ACCEPTED
03-14-00463-CV
3609441
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/29/2014 10:31:07 PM
JEFFREY D. KYLE
CLERK
No. 03-14-00463-CV

FILED IN
DON & CAROL TITEL, § IN THE THIRD 3rd COURT OF APPEALS
AUSTIN, TEXAS
Appellants
12/29/2014 10:31:07 PM
§ COURT OF APPEALS,
JEFFREY D. KYLE
v. Clerk
§ TEXAS
MORRIS & LISA MELCHOR,
Appellees §

MOTION TO EXTEND TIME TO FILE BRIEF

Comes now Appellant, by and through counsel, to move to extend the

deadline for filing a brief in this appeal. As grounds therefor, Counsel would

show:

1. Current Deadline: January 2, 2014.

2. Requested Extension: 60 days after a complete clerk's record is filed.

3. Reasons for Extension:

A. Incomplete Clerk's Record. Due to no fault of plaintiff, the trial clerk failed
to include several summary judgment proofs. Appellant's counsel had
painstakingly listed each summary judgment proof needed for this appeal, as
required. By letter, attached to this motion, counsel is directing the trial
clerk to supplement her record as TRAP 34.5(c)(l) directs.
B. Busy trial schedule. Sixty days is requested because Counsel has two jury
trials and other lesser matters scheduled for January. Counsel had planned
to write his brief during the slow period of the holiday season, but due to the
incomplete record, will now have to wait for the supplement, which may be
filed during a very busy January.
4. One previous extension to file a brief has been requested and granted.

PRAYER

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 WHEREFORE, Defendant prays this motion be granted and the Court
extend the time for filing appellant's brief.

Respectfully submitted,

~adt1h_
Paul C. Velte IV
Attorney for Appellants
109 E. Hopkins St., Ste. 204
San Marcos, TX 78666
512-353-2299
512-476-9504 FAX
Email: velte@ptexans.com
Bar #20541 700

CERTIFICATE OF CONFERENCE
Counsel for Appellant hereby certifies he has conducted a conference with
counsel for Appellee, Jay Lea, regarding Appellant's Motion to Extend Time, and
counsel for Appellee has stated he opposes said motion.

Paul C. Velte IV

CERTIFICATE OF SERVICE

I hereby certify that I have served a copy of this document upon Jay Lea,
Counsel for Appellee, Naman, Howell, Smith & Lee, 8310 Capital ofTexas Hwy.
North, Ste. 490, Austin, TX 78731, by facsimile transmission the date of filing to:
512-474.1901 or bye-service.

Paul C. Velte IV

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 Filed: 12/29/2014 12:00:00 AM
Dana DeBeauvoir
Travis County Clerk
C-1-CV-14-004232
PAUL C. VELTE IV Anita Duran
LAWYER & COUNSELOR
109 E. HOPKJNS STREET E-mail: velte@ptexans. corn
SUITE 204 Phone 512-353-2299
SAN MARCOS, TEXAS 78666 fax 512-476-9504

Dec. 27, 2014

Travis County Clerk
ATTN: A. De Shay Re: Incomplete Clerk's Record
Appellate Cause #03-14-00463-CV
Cause #C-1-CV-14-004232 (after severance)
Cause #C-1-CV-12-008224 (before severance)

Dear Ms. DeShay:

On August 5, 2014, I designated items to be included in your record on appeal. Fourteen
of those iterns wffe not included in the record you fi Ieel with the Third Court of Appeals.
Pursuant to rule 34.5(c)(1) of the Texas Rules of Appellate Procedure, I ern requesting you to
supplement your record with the following items.

I implore you to call me if you have any problem identifying these items that I nea:l
included. For ease of reff!l'ence, I provided a description of each exhibit to Plaintiff's Proofs and
include in parentheses the original .pdf file name that was usa::! when e-filing same with your
office. A ftff reviewing the 843 page document you fi Ieel with the Court of Appeals, I find the
following itemswf!l'enot included.

Missing Summary Judgment Proofs:

1. Fire Marshall's Report ("Cert Copy of Fire,Marshal Rpt.PDF")
2. Deposition exeffpts of:
1) Jffemy Melchor (" Depo Exeffpts - Jffemy Melchor. PDP')
2) Lisa Melchor ("Depo Exeffpts- Lisa Melchor_New.PDF")
3) Morris Melchor ("Depo Exffpts- Morris Melchor.pdf") with Deposition Exhibits 1
and 2 ("MM Depo Exh 1.PDF" and" MM Depo Exh 2.PDF")
4) Mandy Edwards("Depo Exeffpts- Mandy Edward_New.PDF")
3. Affidavit of Amanda Benedict ("Affidavit_Amanda Benedict.pdf")
4. Affidavit of Royce Reid ("Affidavit_Reid.pdf")
5. Affidavit of Dean ShoemakE~' ("Affidavit_Shoemakf!l'.pdf")

Furthf!l'more, while you did include the following deposition transcripts, you did not include the
exhibits, which wffe listed in my previous designation as follows (missing items are in red):

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 1. Deposition of Fire Marshall Daniel Berger ("Berger, Daniel Depo.PDF") with
exhibits 4 and 6 ("Berger Depo Exhibit 4.pdf' and " Berger Depo Exhibit 6.pdf')
2. Deposition of Jose Rodriguez ("Rodriguez, Jose Depo.PDF") with exhibit 2
("Rodriguez Depo Exhibit 2.pdf')

Please do NOT re-copy the entire depositions. At the cost of $1 per page that would
unnecessarily increase the cost of the supplemental record; please just include the missing
exhibits.

Sincerely yours,

laJt1Kz__
Paul C. Velte IV

cc:
Clerk, Third Court of Appeals
Dana Debeauvoir

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