ACCEPTED
03-14-00194-CV
4219579
THIRD COURT OF APPEALS
AUSTIN, TEXAS
2/19/2015 4:36:37 PM
JEFFREY D. KYLE
CLERK
Cause No. 03-14-00194-CV
§
TEXAS DEPARTMENT § IN THE FILED IN
OF PUBLIC SAFETY, § COURT OF3rdAPPEALS
COURT OF APPEALS
AUSTIN, TEXAS
Appellant § 2/19/2015 4:36:37 PM
§ FOR THE
JEFFREY D. KYLE
V. § Clerk
THIRD JUDICIAL DISTRICT
§ OF TEXAS
CODY LITTLEPAGE, §
Appellee § AUSTIN, TEXAS
§
UNOPPOSED MOTION TO EXTEND TIME TO FILE THE
APPELLANT'S REPLY BRIEF
I. INTRODUCTION
Appellant, the Texas Department of Public Safety, moves to extend the time
to file the appellant’s brief in the interest of justice.
II. ARGUMENT AND AUTHORITY
The appellate court may extend the time for filing the brief. See Tex. R.
App. P. 10.5(b).
1. The appellant’s brief was due to be filed on February 12, 2015.
2. Appellant requests an additional seven days to file the brief, that is, an
extension of time to and including February 19, 2015.
3. Appellant’s counsel was out of the out of the office due to illness on
February 9th and 10th. Despite diligent efforts, appellant’s counsel was
not able to complete the brief before the due date. Appellant’s counsel
has earnestly attempted to abide by the rules of appellate procedure, and
the failure to meet the deadline for filing the brief is not intentional or the
result of conscious indifference. This motion is not made for the
purposes of delay, but to see that justice may be done.
4. This is Appellant’s first request for an extension of time to file the reply
brief.
III. CONCLUSION
For these reasons, Appellant asks this Court to grant an extension of time to
file the appellant’s reply brief in this cause to February 19, 2015.
IV. PRAYER
Appellant prays that the Court grants the motion and extends the time to file
the appellant’s brief.
Respectfully Submitted,
/s/ Kevin M. Givens
KEVIN M. GIVENS
Supervising Attorney,
ALR Appellate Section
SBN 00796633
P.O. Box 15327
Austin, Texas 78761-5327
Tel: (512) 424-5193
Fax: (512) 424-5221
Kevin.Givens@dps.texas.gov
ATTORNEY FOR APPELLANT
TEXAS DEP’T OF PUB. SAFETY
CERTIFICATE OF COMPLIANCE
I hereby certify that the preceding document contains 241 words.
Respectfully Submitted,
/s/ Kevin M. Givens
KEVIN M. GIVENS
CERTIFICATE OF CONFERENCE
Pursuant to Tex. R. App. P. 10.1(a)(5), I hereby certify that I have conferred
with Amber D. Farrelly, attorney for appellee, Cody Littlepage, on February 12,
2015, regarding this motion, and Ms. Farrelly does not oppose this motion.
Respectfully Submitted,
/s/ Kevin M. Givens
KEVIN M. GIVENS
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the above and
foregoing Unopposed Motion to Extend Time to File the Appellant’s Reply Brief
to Amber D. Farrelly, attorney for Appellee, Cody Littlepage, at
adfelaw@gmail.com, per Tex. R. App. P. 9.5(b)(1), on February 19, 2015.
Respectfully Submitted,
/s/ Kevin M. Givens
KEVIN M. GIVENS