ACCEPTED
03-15-00019-CV
4611121
THIRD COURT OF APPEALS
AUSTIN, TEXAS
3/23/2015 8:32:46 PM
JEFFREY D. KYLE
CLERK
NO: 03-15-00019-CV
FILED IN
3rd COURT OF APPEALS
IN THE THIRD DISTRICT COURT OF APPEALSAUSTIN, TEXAS
AT AUSTIN, TEXAS 3/23/2015 8:32:46 PM
JEFFREY D. KYLE
Clerk
JEFF KAISER, P.C. and JEFFERY BENEDICT KAISER
a/k/a Jeffrey B. Kaiser,
Appellants
v.
THE STATE OF TEXAS,
Appellees
From the 98th Judicial District Court
of Travis County, Texas
Trial Court Cause No. D-1-GV-13-000790
APPELLANTS’ UNOPPOSED MOTION TO EXTEND TIME
FOR FILING APPELLANTS’ BRIEF UNTIL ARPIL 8, 2015
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
Pursuant to Texas Rule of Appellate Procedure 26.3, Appellants Jeff
Kaiser, P.C. and Jeffery Benedict Kaiser, file this Unopposed Motion for
Extension of Time to File their Appellants’ Brief, which motion complies with
Rule 10.5(b), and in support thereof would respectfully show as follows:
1. This is an appeal from a final judgment in Cause No. D-1-GV-13-
000790; The State of Texas v. Jeff Kaiser, PC et al.; in the 98th Judicial District
Court of Travis County, Texas.
2. The trial court signed its final order on December 1, 2014.
3. Appellants filed a request for findings of fact and conclusions of
law on December 8, 2014.
4. Appellants filed their notice of appeal on January 8, 2015.
5. Appellants have filed their requests for the clerk’s record and
reporter’s record. The clerk’s record was filed with the Court on February 13,
2015, and the reporter’s record was filed with the Court on February 20, 2015.
The record is complete.
6. Appellants’ deadline to file their brief was set for Friday, March
20, 2015.
7. Appellants respectfully request that the Court of Appeals extend
time for Appellants to file their Appellants’ Brief until Wednesday, April 8,
2015.
8. This is Appellants’ first request for an extension of time for filing
Appellants’ Brief.
9. Appellants do not seek this extension for the purposes of delay. In
February and March 2015, Appellants’ counsel George May’s docket was
crowded with numerous matters including the following:
(1) A week long jury trial in Cause No. 12CV2786, Foster v. Wiggins,
In the 10th Judicial District Court of Galveston County, Texas;
(2) Motion to rehear due and filed in Cause No. 14-13-00638-CV,
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Vincent Laday v. George Pedraza; In the 14th Court of Appeals at
Houston, Texas;
(3) Motion for New Trial due and filed in Cause No. 2013-41051,
Cohen v. Preston Realty et al, In the 269th District Court of Harris
County, Texas;
(4) Motion for New Trial due and filed in Cause No. 2012-23146, DG
Interests v. Jim-Daniels Nnah, In the 270th District Court of Harris
County, Texas;
(5) Mediation in Cause No. 2012-CI-07619, Eloise Castro et al v.
Martin Garcia et al; in the 166th District Court of Bexar County,
Texas;
(6) Appellant’s Brief due and filed in Cause No. 07-14-00398-CV;
Scott Theiring & Expelled Grain Products, LLC v. Corn Mill
Enterprises, LLC; in the 7th Court of Appeals at Amarillo, Texas;
(7) Depositions, summary judgment responses, and responses to
written discovery requests in various cases; and
(8) Trial preparation and jury trial in Cause No. W70150017; Wiggins
v. Kelly; In Justice Court, Precinct One, Galveston County, Texas.
10. In addition to these professional demands, Appellants’ counsel’s
father-in-law suffered a stroke and counsel took time to attend to this family
emergency. Appellants’ counsel was unable to review the record and prepare a
brief to aid the Court by the current deadline due to the above referenced
matters.
11. Appellants do not seek this extension for the purposes of delay but
only so that justice may be served.
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PRAYER
For all these reasons, Appellants respectfully request an extension of time
for filing their Appellants’ Brief from March 20, 2015, until April 8, 2015, and
for all such further relief to which they may be justly entitled.
TWOMEY | MAY, PLLC
/s/ George F. May/
_______________________________
George F. May
TBA NO. 24037050
2 Riverway, 15th Floor
Houston, Texas 77056
(713) 659-0000 [Telephone]
(832) 201-8485 [Telecopier]
george@twomeymay.com
Attorney in Charge on Appeal for Jeff
Kaiser, P.C. and Jeffery Benedict Kaiser,
Appellants
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CERTIFICATE OF CONFERENCE:
I certify that I conferred with counsel for Appellee who stated that Appellee
does not oppose this motion.
/s/ George F. May/
_______________________________
George F. May
CERTIFICATE OF SERVICE
I, George F. May, hereby certify that a true and correct copy of the above
and foregoing instrument has been forwarded to all parties and counsel of
record, pursuant to Rules 21 and 21a, Tex. R. Civ. P., on this 23rd day of
March, 2015.
Mr. John C. Adams Texas E-File/ E-Mail
Office of the Attorney General
300 W. 15th Street, Floor 8
Austin, Texas 78701
Telephone: 512-463-2173
Facsimile: 514-482-8341
E-Mail: John.adams@texasattorneygeneral.gov
Mr. Sean O’Neill
Assistant Attorney General
Bankruptcy & Collections Division
P.O. Box 12548, MC 008
Austin, Texas 78711-2548
Telephone: 512-463-2173
Direct Line: 512-475-4255
Fax: 512-936-1409
Email: Sean.Oneill@texasattorneygeneral.gov
/s/ George F. May/
___________________________
George F. May
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Jeff Kaiser, P.C. and Jeffery Benedict Kaiser, A/K/A Jeffrey B. Kaiser v. State
Combined Opinion