ACCEPTED
03-14-00714-CV
3992641
THIRD COURT OF APPEALS
AUSTIN, TEXAS
2/2/2015 5:54:19 PM
JEFFREY D. KYLE
CLERK
No. 03-14-00714-CV
_____________________________ FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
COURT OF APPEALS 2/2/2015 5:54:19 PM
THIRD JUDICIAL DISTRICT OF TEXAS JEFFREY D. KYLE
AUSTIN, TEXAS Clerk
_____________________________________
KEVIN TARR,
Appellant,
v.
LANTANA SOUTHWEST HOMEOWNERS’ ASSOCIATION, INC.,
Appellee.
_______________________________
UNOPPOSED SECOND MOTION FOR EXTENSION OF TIME
TO FILE BRIEF OF APPELLANT
TO THE HONORABLE COURT OF APPEALS:
Appellant Kevin Tarr, under the authority of Texas Rule of Appellate
Procedure 10.5(b), requests additional time to file his brief of appellant.
1. The brief of appellant is currently due February 13, 2015.
2. Appellant respectfully requests an extension of time for 30 days to file
his brief of appellant. With the extension, the brief of appellant will be due on
Monday, March 16, 2015.
3. On December 17, 2014, the record was filed, and Appellant’s brief was
due on January 14, 2015.
4. On January 5, 2015, however, Mr. Tarr’s former appellate counsel, Paul
Simon, moved to withdraw as counsel and asked this Court for a 30-day extension
of time to file Appellant’s opening brief.
5. On January 8, 2015, this Court granted Mr. Simon’s motion to
withdraw, and granted a 30-day extension until February 13, 2015, to file his opening
brief.
6. On January 29, 2015, Mr. Tarr retained Matthew Ploeger to represent
him in this appeal.
7. Appellant requests this extension so that Mr. Ploeger may study the
record and prepare Mr. Tarr’s opening brief. Further, a designated item was omitted
from the Clerk’s Record filed by the district court clerk, and additional items are
necessary. Appellant has filed a request for supplemental clerk’s record in the trial
court.
8. Additionally, Mr. Ploeger is required to attend to other time-sensitive
matters, including briefs and dispositive motions in First Capital Money Center, Ltd
d/b/a Power Finance v. City of Houston, Texas, No. 2014-67722, in the 133rd District
Court, Harris County, Texas; and Dos Republicas Coal Partnership v. David
Saucedo, et al., No. 04-14-00828-CV, in the Fourth Court of Appeals, San Antonio,
Texas.
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9. Other than the extension attendant to Mr. Simon’s withdrawal, this is
the first extension Appellant has sought.
10. Counsel for Appellant has conferred with counsel for Appellee,
Gregory B. Godkin, and Mr. Godkin stated that Appellee is unopposed to the
requested extension.
11. This request is not sought for delay, but in order that justice may be
done.
PRAYER
Appellant requests that this Court to grant an extension of 30 days to file his
brief of appellant, making the brief due on Monday, March 16, 2015. Appellant also
prays for any other relief to which he may be entitled.
Respectfully submitted,
/s/ Matthew Ploeger
Matthew Ploeger
State Bar No. 24032838
LAW OFFICE OF MATTHEW PLOEGER
901 S. Mopac Expressway, Suite 300
Barton Oaks Plaza, Building One
Austin, Texas 78746
P: 512.298.2088
F: 512.298.1787
Matthew@PloegerLaw.com
Attorney for Appellant
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CERTIFICATE OF CONFERENCE
Counsel for Appellant has conferred with counsel for Appellee, Gregory B.
Godkin, and Appellee is unopposed to the motion for extension of time.
/s/ Matthew Ploeger
Matthew Ploeger
Dated: February 2, 2015
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CERTIFICATE OF SERVICE
I certify that a true and correct copy of the above and foregoing was
forwarded to all counsel of record by the Electronic Filing Service Provider, if
registered; a true and correct copy of this document was forwarded to all counsel of
record not registered with an Electronic Filing Service Provider and to all other
parties as follows:
Gregory B. Godkin
Roberts Markel Weinberg, PC
2800 Post Oak Blvd., 57th Floor
Houston, TX 77056
713.840.1666–telephone
713.840.9404–facsimile
/s/ Matthew Ploeger
Matthew Ploeger
Dated: February 2, 2015
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