ACCEPTED
03-15-000428-cv
6591984
THIRD COURT OF APPEALS
AUSTIN, TEXAS
8/20/2015 7:13:22 PM
JEFFREY D. KYLE
CLERK
CAUSE NO. 03-15-00428-CV
FILED IN
IN THE COURT OF APPEALS 3rd COURT OF APPEALS
FOR THE THIRD DISTRICT OF TEXAS AUSTIN, TEXAS
AT AUSTIN 8/20/2015 7:13:22 PM
JEFFREY D. KYLE
Clerk
BERNARD MORELLO,
Appellant,
v.
THE STATE OF TEXAS,
Appellee.
On Appeal from Cause No. D-1-GV-06-000627
353rd judicial District Court, Austin, Texas
The Honorable Rhonda Hurley
UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF
TO THE HONORABLE COURT OF APPEALS:
Comes now Bernard Morello, Appellant, and files this motion to extend the
deadline for filing Appellant’s Brief for 30 days, up to and including October 7, 2015. In
support thereof, Appellant would respectfully show the Court as follows:
1. Appellant’s brief is currently due for filing by September 7, 2014, and this
motion for extension of time is filed prior to said deadline.
2. By this motion, Appellant seeks a 30-day extension of time from the date
the brief was originally due, or October 7, 2015.
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3. Good cause exists for the extension. Although requested on August 14,
2015, Appellant’s counsel have yet to receive a copy of the reporter’s record in this case
and have thus been unable to begin review of the record in preparation of drafting
Appellant’s brief. In addition, counsel for Appellee circulated an email of August 13,
2015, advising that the clerk’s record in this matter is incomplete and excludes
approximately 100 pages of summary-judgment exhibits. For these reasons, Appellant
submits that good cause exists for the current extension.
Wherefore, premises considered, Appellant respectfully prays that this motion be
granted and that the deadline for filing his briefing be extended 30 days, up to and
including October 7, 2015. Appellant also prays for such other and further relief to
which he may be otherwise entitled.
Respectfully submitted,
LAPEZE & JOHNS, P.L.L.C.
By:___________________________
Keith W. Lapeze
Texas Bar No. 24010176
Taylor L. Shipman
Texas Bar No. 24079323
601 Sawyer Street, Suite 650
Houston, Texas 77007
Tel. (713) 739-1010
Fax. (713) 739-1015
keith@lapezejohns.com
taylor@lapezejohns.com
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JURANEK LAW FIRM, PLLC
______________________
By: JAMES JURANEK
State Bar No. 24026888
111 N. Ennis
Houston, Texas 77003
(713) 229-0699
(888) 626-6596 (fax)
james@jjfirm.com
Counsel for Appellant
CERTIFICATE OF CONFERENCE
The undersigned contact Appellant’s counsel (Craig Pritzlaff) about the contents
of this motion and the relief requested. Mr. Pritzlaff advised that Appellee is unopposed
to the relief sought.
__________________________
James Juranek
CERTIFICATE OF SERVICE
I hereby certify that the foregoing motion was served on the following counsel for
Appellee State of Texas via e-filing on August 20, 2014:
Craig J. Pritzlaff
Assistant Attorney General
P.O. Box 12548, MC-066,
Austin, TX 78711
512.320.0911 (Fax)
__________________________
James Juranek
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