James Richardson v. Maria Torres

ACCEPTED 03-14-00341-CV 3853282 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/21/2015 5:27:58 PM JEFFREY D. KYLE CLERK No. 03-14-00341-CV _____________________________________________________________ FILED IN 3rd COURT OF APPEALS In the Third Court of Appeals AUSTIN, TEXAS _____________________________________________________________ 1/21/2015 5:27:58 PM JEFFREY D. KYLE James Richardson Clerk Appellant, v. Maria Torres, et al. Appellees _____________________________________________________________ Appeal from Cause No. C-1-CV-13-009448 County Court No. 2, Travis County, Texas Hon. David Phillips _____________________________________________________________ APPELLANT’S SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S REPLY BRIEF _____________________________________________________________ King Law Group, PLLC Mary Ellen King Texas State Bar No. 24067219 Richard C. King Jr. Texas State Bar No. 24007491 28515 Ranch Road 12 Dripping Springs, Texas 78620 512.263.8212 (phone) 512.900.2918 (fax) Counsel for Appellant James Richardson Comes now Appellant James Richardson (“Richardson”), pursuant to Texas Rules of Civil Procedure 10/5(b)(1), and requests additional time to file his Reply Brief. In support of this motion, Richardson states as follows: 1. The Notice of Appeal of this matter was filed in the 3rd Court of Appeals (the “Court”) on May 28, 2014; 2. Appellant filed the Docketing Statement with the Court on June 6, 2014; 3. Appellant immediately requested the Report’s Record and the Clerk’s Record from County Court No. 2 in Travis Count, Texas; 4. The Reporter’s Record and the Supplemental Reporter’s Record were filed with the Court on June 11, 2014, and June 18, 2014, respectively; 5. The Clerk’s Record was filed with the Court on June 24, 2014; 6. The Record was checked out on June 30, 2104; 7. The District Clerk’s Supplemental Record was filed on September 2, 2014 8. The Appellant’s Brief, oral argument not requested, was filed on September 26, 2014; 9. The Appellee’s Brief, oral argument not requested, was filed December 18, 2014’ 10. The Court calendared the due date of Appellant’s Rely Brief for January 7, 2015; 11. Appellant requested and was granted an additional fifteen days to file Appellant’s Reply Brief, up to and including January 23, 2014; 12. This second requested extension is unopposed and is necessary due to medical issues concerning Appellant’s counsel; 13. The extension requested herein is not intended to cause undue delay, prejudice or unnecessary hardship on any party; and 14. Appellant has previously requested and was granted one 15-day extension to file its rely brief. WHEREFORE, Appellant requests an additional 14 days, up to and including February 6, 2015, to file Appellant’s Reply Brief. Dated this 20th day of January 2015. Respectfully submitted KING LAW GROUP, PLLC /.s/ Mary Ellen King Mary Ellen King Texas State Bar No. 24067219 meking@kinglitigationgroup.com Richard C. King Jr. Texas State Bar No. 24007491 rking@kinglitigationgroup.com 28515 Ranch Road 12 Dripping Springs, Texas 78620 512.263.8212 (phone) 512.900.2918 Counsel for Appellant, James Richardson CERTIFICATE OF CONFERENCE Counsel for Appellant hereby represents to the Court that we have conferred with counsel for Appellee regarding the extension requested and he has no objection to the requested extension. CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the following instrument has been served to opposing counsel via facsimile on this the 20th day of January, 2015. Jesus Tirrez The Law Office of Jesus Tirrez & Associates 1301 South IH-35, Suite 307 Austin, Texas 78741 Attorneys for Appellees, Maria Torres, et al /.s/ Mary Ellen King Mary Ellen King