ACCEPTED
03-14-00668-CV
4270017
THIRD COURT OF APPEALS
AUSTIN, TEXAS
2/24/2015 7:07:44 PM
JEFFREY D. KYLE
CLERK
IN THE COURT OF APPEALS
THIRD DISTRICT OF TEXAS
FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
RAFAEL MONTEZ DA OCA §
2/24/2015 7:07:44 PM
v. § NUMBER 03-14-00668-CV
JEFFREY D. KYLE
Clerk
EDUARDO GUTIERREZ §
SECOND MOTION TO EXTEND TIME FOR FILING APPELLANT’S BRIEF
Pursuant to Rules 38.6(d) and 10.5(b), Texas Rules of
Appellate Procedure, Appellant respectfully moves for an
extension of time to file appellant’s brief herein, and in
support of said motion would show the following:
I.
The current deadline for the filing of appellant’s
brief is FEBRUARY 17, 2015.
II.
Appellant’s seeks a 6 days extension of time for
filing appellant’s brief, i.e. to FEBRUARY 23, 2015.
III.
One previous extension of time to file appellant’s
brief has been sought and granted.
IV.
The facts relied upon to reasonably explain the need
for an extension are as follows:
1. This was a complicated civil trial. The
appeal involves, among other complicated issues,
the sufficiency of evidence to support the jury’s
findings on several special issue submitted to
the jury.
2. Since the date of the first extension
Counsel has had numerous court appearances in
Williamson, Travis, Burnet and Comal counties.
3. Counsel for appellant has diligently worked
on preparation of the brief in this case and is
very close to finishing the brief but needs the
additional time requested to complete the brief.
4. Counsel assures the Court and opposing
counsel thatr no additional requests for
extension will be requested.
WHEREFORE, appellant prays that this Motion For
Extension of Time to File Appellant’s Brief be granted and
that the deadline for filing appellant’s brief be extended
to FEBRUARY 23, 2015.
RESPECTFULLY SUBMITTED
/s/ Ray Bass
________________________
RAY BASS, ATTORNEY
SBN 01884000
120 WEST 8TH STREET
GEORGETOWN, TEXAS 78626
TEL. 512-863-8788
FAX 512-869-5090
ATTORNEY FOR APPELLANT
IN THE COURT OF APPEALS
THIRD DISTRICT OF TEXAS
RAFAEL MONTEZ DA OCA §
v. § NUMBER 03-14-00668-CV
EDUARDO GUTIERREZ §
CERTIFICATE OF SERVICE
A copy of the foregoing Motion For Extension Of Time
To File Appellant’s Brief was served on FEBRUARY 24, 2015,
in compliance with Rule 9.5, Texas Rules of Appellate
Procedure and in compliance with Third Court of Appeals
Local Rule 3(c), on MR PAUL MORIN, ATTORNEY FOR APPELLEE,
505 W. 14TH STREET, AUSTIN, TEXAS 78701, EMAIL
pmorin@austin.rr.com..
/s/ Ray Bass
___________________
RAY BASS
IN THE COURT OF APPEALS
THIRD DISTRICT OF TEXAS
RAFAEL MONTEZ DA OCA §
v. § NUMBER 03-14-00668-CV
EDUARDO GUTIERREZ §
CERTIFICATE OF CONFERENCE
Counsel for the appellant has conferred with Mr. Paul
Morin, counsel for Appellee, regarding the merits of this
SECOND MOTION TO EXTEND TIME FOR FILING APPELLANT’S BRIEF
and counsel for appellee indicated that he does not opposes
the request for a 6 day extension.
/s/ Ray Bass
________________________
RAY BASS, ATTORNEY
IN THE COURT OF APPEALS
THIRD DISTRICT OF TEXAS
RAFAEL MONTEZ DA OCA §
v. § NUMBER 03-14-00668-CV
EDUARDO GUTIERREZ §
ORDER ON APPELLANT’S MOTION FOR EXTENSION OF TIME
TO FILE APPELLANT’S BRIEF
On this ____ day of ____________________, 2015, came
on to be considered the Motion For Extension Of Time To
File Appellant’s Brief; and the court, having considered
said motion, finds that it should be and is hereby GRANTED.
It is, therefore, ordered that Appellant shall have
until FEBRUARY 23, 2015, to file appellant’s brief herein.
__________________________________
Justice, Third Court Of Appeals