ACCEPTED
03-14-00635-CV
4323752
THIRD COURT OF APPEALS
AUSTIN, TEXAS
3/2/2015 1:33:41 AM
JEFFREY D. KYLE
CLERK
No. 03-14-00635-CV
__________________________________________________________________
FILED IN
3rd COURT OF APPEALS
IN THE THIRD COURT OF APPEALS OF TEXAS AUSTIN, TEXAS
__________________________________________________________________
3/2/2015 1:33:41 AM
JEFFREY D. KYLE
MICHAEL LEONARD GOEBEL AND ALL OTHER OCCUPANTS OF Clerk
207 CAZADOR DRIVE, SAN MARCOS, TEXAS 78666,
Appellants,
v.
SHARON PETERS REAL ESTATE, INC.,
Appellee.
__________________________________________________________________
ON APPEAL FROM THE COUNTY COURT AT LAW, HAYS COUNTY, TEXAS
TRIAL COURT CAUSE NO. 14-0385-C
__________________________________________________________________
APPELLEE’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE
BRIEF ON THE MERITS
__________________________________________________________________
Dr. J. Hyde
Texas Bar No. 24027083
THE J. HYDE LAW OFFICE, PLLC
111 E. 17th Street #12015
Austin, TX 78711
Telephone: (512) 200-4080
Fax: (512) 582-8295
E-mail: jhyde@jhydelaw.com
Counsel for Appellee
No. 03-14-00635-CV
__________________________________________________________________
IN THE THIRD COURT OF APPEALS OF TEXAS
__________________________________________________________________
MICHAEL LEONARD GOEBEL AND ALL OTHER OCCUPANTS OF
207 CAZADOR DRIVE, SAN MARCOS, TEXAS 78666,
Appellants,
v.
SHARON PETERS REAL ESTATE, INC.,
Appellee.
__________________________________________________________________
ON APPEAL FROM THE COUNTY COURT AT LAW, HAYS COUNTY, TEXAS
TRIAL COURT CAUSE NO. 14-0385-C
__________________________________________________________________
APPELLEE’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE
BRIEF ON THE MERITS
__________________________________________________________________
TO THE HONORABLE THIRD COURT OF APPEALS:
Appellee Sharon Peters Real Estate, Inc., (“Peters”) by and through undersigned
counsel, respectfully moves for an extension of time to file its Brief on the Merits, and in
support thereof states as follows:
1. This case involves the appeal of a final judgment in a forcible detainer
action granting Peters immediate possession of the real property located at 207 Cazador
Drive, San Marcos, Texas 78666 (Property). Appellant Michael Goebel filed his Brief on
the Merits on 23 February 2015. Appellee’s Brief is currently due on 25 March 2015.
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2. Contemporaneously with this motion, Peters has filed a motion to dismiss
this appeal as moot on the grounds that Appellant is not currently in possession of the
property and has no claim of right to current possession.
3. If the Court grants Peters’ motion to dismiss, it would obviate the need for
Peters to file a full brief on the merits. Accordingly, in the interest of efficiency and
avoiding unnecessary costs and fees, Peters respectfully requests an extension of time to
file its brief while the motion to dismiss is pending. Peters specifically requests that the
Court tie the briefing deadline to the date the Court rules on the motion to dismiss, such
that no brief will be required if the Court grants the motion, and if the Court denies the
motion the brief will be due thirty days from the date of that order.
4. In the alternative, Peters respectfully requests that the deadline to file
Appellee’s Brief be extended for thirty days, until 24 April 2015. The undersigned is a
solo practitioner and has several hearings in various courts over the next three weeks.
Peters seeks an extension to ensure the quality of its brief.
5. Peters does not seek an extension for the purposes of delay, but does so for
good cause for the reasons expressed herein.
WHEREFORE, Peters respectfully requests that the Court GRANT this motion
and (1) extend the deadline to file Appellee’s Brief while Appellee’s motion to dismiss
the appeal as moot is pending, such that the brief need not be filed if the Court grants the
motion and, if the Court denies the motion, the brief must be filed thirty days from the
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date the motion is denied; or, alternatively, (2) extend the deadline to file Appellee’s
Brief until 24 April 2015.
Respectfully Submitted,
/s/ J. Hyde
______________________________
Dr. J. Hyde
State Bar No. 24027083
THE J. HYDE LAW OFFICE, PLLC
111 E. 17th Street #12015
Austin, Texas 78711
Phone: (512) 200-4080
Fax: (512) 582-8295
E-mail: jhyde@jhydelaw.com
Attorney for Appellee
CERTIFICATE OF CONFERENCE
I hereby certify that I have conferred with opposing counsel David Rogers
regarding this motion and that Mr. Rogers stated he is NOT OPPOSED to the
relief requested herein.
/s/ J. Hyde
______________________________
Dr. J. Hyde
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CERTIFICATE OF SERVICE
I hereby certify that, pursuant to Texas Rule of Appellate Procedure 9.5 and Local
Rule 4(d), a copy of Appellee’s Unopposed Motion for Extension of Time to File Brief
on the Merits was served on this 2nd day of March, 2015, via e-service, upon the
following:
David Rogers
1201 Spyglass, Suite 100
Austin, TX 78746
/s/ J. Hyde
______________________________
Dr. J. Hyde
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