Jose Chavez v. Juan Francisco Martinez

ACCEPTED
03-14-00470-CV
3723541
THIRD COURT OF APPEALS
AUSTIN, TEXAS
1/11/2015 12:00:08 PM
JEFFREY D. KYLE
CLERK

No. 03-14-00470-CV
Tr Ct No. C-1-CV-13-008449
FILED IN
3rd COURT OF APPEALS
IN THE COURT OF APPEALS AUSTIN, TEXAS
FOR THE THIRD DISTRICT OF TEXAS 1/12/2015 12:00:00 AM
JEFFREY D. KYLE
Clerk
Jose G. Chavez, appellant
v.
Juan Francisco Martinez, appellee

MOTION FOR EXTENSION OF TIME
TO FILE APPELLEE’S BRIEF

TO THE THIRD COURT OF APPEALS:

Appellee, Juan Francisco Martinez, files this motion for extension of

time to file Appellee’s Brief under Rules 10.1, 10.5(b), and 38.6(d) of the

Texas Rule of Appellate Procedure, and requests the Court to extend the

deadline for filing the appellants’ brief from January 5, 2015 until January

12, 2015. In support of this motion appellee shows:

I.

This is an appeal from the grant of a motion for summary judgment

on a suit to collect on a note. Appellant’s Brief was filed on December 5,

2014.

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 II.

This is appellee’s first request for an extension of time to file

Appellee’s Brief.

III.

The undersigned Timothy Hootman, who is primarily responsible for

preparing Appellee’s Brief, underestimated the time necessary to complete

the brief, and therefore requests the additional 7 days. The Appellee’s Brief

has been filed contemporaneously with this motion.

WHEREFORE, appellee, Juan Francisco Martinez, prays that this

motion be granted and that the Court extend the time to file Appellee’s

Brief from to January 5, 2015, until January 12, 2015.

Respectfully submitted,

/s/Timothy A. Hootman
Timothy A. Hootman, SBN 09965450
2402 Pease St
Houston, TX 77003
713.247.9548
713.583.9523 (f)
E-mail: thootman2000@yahoo.com

/s/Bill Malone, Jr.
Bill Malone, Jr., SBN 12877500
8650 Spicewood Springs, No 145-598
Austin, TX 78759
512.346.9600
ATTORNEYS FOR APPELLEE

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 CERTIFICATE OF SERVICE

I hereby certify that, in accordance with Rule 9.5 of the Texas Rules of

Appellate Procedure, I have served the forgoing document upon the following

attorneys by personal mail, commercial delivery service, fax, or electronic service:

Jose G. Chavez, pro se
11520 Sweet Basil CT
Austin, TX 78726
Dated: January 11, 2015.

/s/Timothy A. Hootman
Timothy A. Hootman

CERTIFICATE OF CONFERENCE

The undersigned has attempted to communicate with appellant, Jose
G. Chavez, who is acting pro se, by sending him an email to the email
address listed on his pleadings. In the email the undersigned asked
whether appellant is opposed to this motion. The undersigned has not yet
received a response.
/s/ Timothy A. Hootman
TIMOTHY A. HOOTMAN

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