ACCEPTED
03-15-00019-CV
4815576
THIRD COURT OF APPEALS
AUSTIN, TEXAS
4/8/2015 4:36:16 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 4/8/2015 4:36:16 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
TO FILE APPELLANTS’ BRIEF
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. Appellant requested the reporter’s record, including the trial
transcript and all trial exhibits, on January 28, 2015. The Court Reporter
promptly filed the reporter’s record on February 18, 2015. Unfortunately, the
trial exhibits, including a stipulation of facts between the parties, was
inadvertently left out of the reporter’s record. Appellants’ counsel did not
realize the omission had occurred until yesterday, April 7, 2015. Counsel
apologizes to the Court for his mistake in believing that the record was
complete and for not catching the omission earlier.
2. Appellants are requesting a short extension of time to file their
brief for a time sufficient for the Court Reporter to include in the record the
factual stipulation and trial exhibits. Appellants seek an extension for the lesser
of 7-days following the court reporter’s supplemental filing or 30-days from
today, which would make the extended deadline no later than May 8, 2015.
Appellants’ counsel has communicated with the Court Reporter, who indicates
that the inadvertently omitted exhibits and stipulation of facts will be filed with
the Court promptly.
3. This is Appellants’ second request for an extension of time to file
their brief on the merits.
4. 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. The trial court signed its final order on
December 1, 2014.
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5. Appellants filed a request for findings of fact and conclusions of
law on December 8, 2014.
6. Appellants filed their notice of appeal on January 8, 2015.
7. Appellants’ original deadline to file their brief was set for Friday,
March 20, 2015, and the deadline after the first unopposed extension was
granted by the Court was today, April 8, 2015.
8. Appellants respectfully request that the Court of Appeals extend
time for Appellants to file their Appellants’ Brief until the lesser of 7-days
following the court reporter’s supplemental filing or 30-days from today, which
would make the extended deadline no later than May 8, 2015.
9. Appellants do not seek this extension for the purposes of delay but
only so that justice may be served.
PRAYER
For all these reasons, Appellants respectfully request an extension of time
for filing their Appellants’ Brief for the lesser of 7-days following the court
reporter’s supplemental filing or 30-days from today, which would make the
extended deadline no later than May 8, 2015, and for all such further relief to
which they may be justly entitled.
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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
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
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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 8th day of April,
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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