ACCEPTED
03-14-00671-CV
4219303
THIRD COURT OF APPEALS
AUSTIN, TEXAS
2/19/2015 4:30:21 PM
JEFFREY D. KYLE
CLERK
NO. 03-14-00671-CV FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
2/19/2015 4:30:21 PM
JEFFREY D. KYLE
IN THE THIRD COURT OF APPEALS Clerk
AUSTIN, TEXAS
STEPHEN M. DANIELS,
Appellant,
v.
TONY R. BERTOLINO,
Appellee.
On Appeal from the 250th Judicial District Court of Travis County, Texas
Trial Court Cause No. D-1-GN-14-002146
FIRST UNOPPOSED MOTION FOR
EXTENSION OF TIME TO FILE APPELLANT’S BRIEF
Eleanor Ruffner
State Bar No. 24047034
THE LAW OFFICE OF ELEANOR RUFFNER, P.C.
1403 West Sixth Street
Austin, Texas 78703
(512) 913-7576 (telephone)
(512) 681-0800 (facsimile)
eruffnerlaw@gmail.com
COUNSEL FOR APPELLANT
TO THE HONORABLE THIRD COURT OF APPEALS IN AUSTIN, TEXAS:
Appellant Stephen M. Daniels (“Appellant”) files this First Unopposed
Motion for Extension of Time to File Petition for Review under TEX. R. APP. P. 10.1,
10.5(b), and 38.6(d), and in support thereof would respectfully show the following:
1. Appellant’s Brief is currently due on Monday, February 23, 2015.
Appellant requests an extension of time of ten days, to March 5, 2015. This is
Appellant’s first request for an extension of time in this case.
2. The modest extension will permit counsel to fully analyze the record
and relevant law and thus prepare thorough briefing to aid the Court in its
consideration of this appeal. The Supplemental Clerk’s Record became available on
February 18, 2015, only five days before the current deadline for Appellant’s Brief.
Appellant needs the additional time to incorporate the additional documents and
information, to conduct additional legal research as appropriate, and to include such
additional factual and legal support in the briefing to present to this Court.
3. Additionally, undersigned counsel is new to this matter. Appellant had
been handling this matter pro se through the underlying trial court proceedings. The
current counsel, Eleanor Ruffner, recently assumed representation of Appellant. Ms.
Ruffner had no familiarity with the trial court proceedings prior to her assumption
of representation in early February.
APPELLANT’S FIRST UNOPPOSED MOTION FOR
EXTENSION OF TIME TO FILE BRIEF PAGE 2 OF 4
4. In addition to preparing the briefs in this case, counsel for Appellant,
who is the sole attorney in her law practice, must also devote time to discovery
responses in three different matters due February 19, 2015, March 4, 3015, and
March 6, 2015; preparation and filing of a motion for summary judgment; mediation
of a pending litigation; and her responsibilities as an adjunct at the University of
Texas School of Law, in addition to the other legal and administrative
responsibilities of managing a law practice.
5. The undersigned has conferred with opposing counsel, who indicated
that he was not opposed to this request. This extension is not sought for delay, and
no party will be prejudiced if it is granted.
For the foregoing reasons, Appellant respectfully requests that the Court grant
this ten-day extension to file his brief, creating a new deadline of March 5, 2015.
Respectfully submitted,
THE LAW FIRM OF ELEANOR RUFFNER, P.C.
1403 West Sixth Street
Austin, Texas 78703
Telephone: (512) 913-7576
Facsimile: (512) 681-0800
By: /s/ Eleanor Ruffner
Eleanor Ruffner
State Bar No. 24047034
eruffnerlaw@gmail.com
APPELLANT’S FIRST UNOPPOSED MOTION FOR
EXTENSION OF TIME TO FILE BRIEF PAGE 3 OF 4
CERTIFICATE OF CONFERENCE
As required by TEX. R. APP. P. 10.1(a)(5), I certify that via email on
Wednesday, February 18, 2015 and Thursday, February 19, 2015, I conferred with
Tony R. Bertolino and Hiba Kazim, who indicated that this motion is unopposed.
/s/ Eleanor Ruffner
Eleanor Ruffner
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was
served in accordance with the Texas Rules of Appellate Procedure on Thursday,
February 19, 2015 as follows:
Tony R. Bertolino
Hiba Kazim
BERTOLINO LLP
823 Congress Avenue, Suite 704
Austin, Texas 78701
Via Email: tbertolino@belolaw.com and hkazim@belolaw.com
Attorneys for Appellee Tony R. Bertolino
/s/ Eleanor Ruffner
Eleanor Ruffner
APPELLANT’S FIRST UNOPPOSED MOTION FOR
EXTENSION OF TIME TO FILE BRIEF PAGE 4 OF 4