ACCEPTED
03-14-00714-CV
3654932
THIRD COURT OF APPEALS
AUSTIN, TEXAS
1/5/2015 4:14:14 PM
JEFFREY D. KYLE
CLERK
Cause No. 03-14-00714-CV
FILED IN
IN THE AUSTIN COURT OF APPEALS 3rd COURT OF APPEALS
AUSTIN, TEXAS
1/5/2015 4:14:14 PM
JEFFREY D. KYLE
On Appeal from the 98th Judicial District Court of Travis CountyClerk
Cause Number No. D-1-GN-12-002467
KEVIN TARR,
Appellant,
v.
LANTANA SOUTHWEST HOMEOWNERS’ ASSOCIATION, INC.,
Appellee.
AGREED MOTION TO EXTEND TIME
Pursuant to Rule 10.5 of the Texas Rules of Appellate Procedure, Appellant, Kevin
Tarr, files this Agreed Motion to Extend Time, and ask that this Court allow him an
additional 30 days to file his Appellant’s Brief.
Currently, Appellant’s Brief is due on or before Wednesday, January 14, 2015. See
Tex. R. App. P. 10.5(b)(1)(A). Appellant seeks a 30-day extension to file his Brief. See
Tex. R. App. P. 10.5(b)(1)(B).
Among others, Appellant seeks this extension because he and his current attorneys
have jointly decided that it is in Appellant’s best interests that his current attorneys no
longer represent Appellant on this appeal. See Tex. R. App. P. 10.5(b)(1)(C). Accordingly,
a Motion to Withdrawal as Counsel of Record for Appellant has been filed today.
No other extensions have been sought or granted with regard to the deadline to file
Appellant’s Brief. See Tex. R. App. P. 10.5(b)(1)(D).
PRAYER
Based on the foregoing, Appellant respectfully requests that this Court grant this
Agreed Motion to Extend Time, and allow Appellant an additional 30 days by which to file
his Brief, making the deadline for Appellant to file his Brief Friday, February 13, 2015.
Respectfully submitted,
SIMON HERBERT & MCCLELLAND, LLP
By: /s/ Paul Simon
Paul Simon
State Bar No. 24003276
Rachel Berkley
State Bar No. 24082684
3411 Richmond Avenue, Suite 400
Houston, Texas 77046
(713) 987-7100 (phone)
(713) 987-7120 (fax)
ATTORNEYS FOR APPELLANT,
KEVIN TARR
CERTIFICATE OF CONFERENCE
I certify that, on January 5, 2015, I conferred with counsel for Appellee, and he has
AGREED to the relief sought herein.
/s/ Paul Simon
Paul Simon
-2-
CERTIFICATE OF SERVICE
I hereby certify that, on January 5, 2015, a copy of the foregoing was delivered in a
manner prescribed by the Texas Rules of Appellate Procedure to:
Via Email: ggodkin@rmwbhlaw.com
Greg Godkin
Roberts Markel Weinberg Butler Hailey PC
111 Congress Plaza, Suite 1620
Austin, Texas 78701
Attorney for Appellee, Lantana
Southwest Homeowners’ Ass’n, Inc.
Via Email: kevin_tarr@yahoo.com; CMRRR # 7014 1200 0001 9112 1338; &
Regular Mail
Mr. Kevin Tarr
7817 Oteka Cove
Austin, Texas 78735-18252
Appellant
/s/ Paul Simon
Paul Simon
-3-
Kevin Tarr v. Lantana Southwest Homeowners' Association, Inc.
Combined Opinion