ACCEPTED
03-14-00574-CV
4144926
THIRD COURT OF APPEALS
AUSTIN, TEXAS
2/13/2015 12:59:05 PM
JEFFREY D. KYLE
CAUSE NO. 03-14-00574-CV CLERK
SHARON LEE HANSON § THIRD DISTRICT
§ FILED IN
V. § COURT OF APPEALS OF TEXAS
3rd COURT OF APPEALS
§ AUSTIN, TEXAS
GUY ROBB COWEN § IN AUSTIN, TEXAS2/13/2015 12:59:05 PM
JEFFREY D. KYLE
Clerk
APPELLEE'S UNOPPOSED MOTION FOR LEAVE OF ONE DAY TO FILE
APPELLEE'S BRIEF WITH CERTIFICATE OF CONFERENCE
TO THE HONORABLE JUSTICES OF THIS COURT:
COMES NOW GUY ROBB COWEN, APPELLANT-MOVANT, herein and files his
Unopposed Motion for Leave of One Day to File Appellee's Brief, pursuant to Local Rules 47
and 52 and Texas Rules of Appellate Procedure 10.1 and 10.5(b)(1), and in support thereof
shows the following:
I. BACKGROUND AND BASIS FOR LEAVE
Briefly, by way of background, the undersigned counsel was served Appellant's brief on
or about December 10, 2014, making the Appellee's brief due on January 9, 2015. A thirty (30)
day extension was granted, without opposition, making the brief due on February 9, 2015,
because the undersigned counsel, aside from having a trial practice, is currently working on a
total of five (5) briefs with two (2) of those being Petitions for Certiorari to the U.S. Supreme
Court from the US Court of Appeals in the 10 th and 5th Circuits. The undersigned counsel is a
solo practitioner. Additionally, the undersigned counsel has been suffering from a back injury
and is set for an MRI tomorrow and that has delayed completion. The undersigned counsel seeks
leave for one day to file the Appellee's brief and Appendix which are filed along with this
Motion.
II. GOOD CAUSE AND NOT FOR DELAY
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The Motion is not filed due to Movant's actions or omissions of any kind. Moreover, the
motion is not sought for delay and is in the interest of justice and to honor this country’s
constitutional mandates to the right to effective assistance of counsel and due process.
WHEREFORE, PREMISES CONSIDERED, the undersigned counsel prays that
Appellee-Movant be granted leave to file his brief in the proceeding herein.
Respectfully submitted,
By:___/s/__Marie E. Galindo_______
MARIE E. GALINDO
Attorney at Law
639 Heights Boulevard
Houston, Texas 77009
Telephone No. 713.299.1510
Facsimile No. 713.651.0776
State Bar No. 00796592
ATTORNEY FOR APPELLEE-
MOVANT
Certificate of Service
On February 10, 2015, a copy of the above-referenced pleading was sent via email to Mr.
Richard Mock, Appellant's counsel, and his assistant via electronic filing and email at
richard@mockandbrown.com, mailing address 400 S. Main St. Burnet, TX 78611.
__/s/_Marie E. Galindo___________
MARIE E. GALINDO
Certificate of Conference
On this same day, the undersigned counsel sent an email asking Mr. Mock about his
position as to the filing of this request and explained the basis of said request. The undersigned
counsel also spoke with his assistant, Ms. Nance, who called and confirmed that Mr. Mock does
not oppose leave if I file the appellee's brief on this same day.
_/s/_Marie E. Galindo__________________
MARIE E. GALINDO
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