ACCEPTED
03-14-00561-CV
5091927
THIRD COURT OF APPEALS
AUSTIN, TEXAS
4/29/2015 6:38:10 PM
JEFFREY D. KYLE
CLERK
No. 03-14-00561-CV
______________________________________________________
FILED IN
3rd COURT OF APPEALS
IN THE COURT OF APPEALS OF TEXAS AUSTIN, TEXAS
THIRD DISTRICT, AUSTIN 4/29/2015 6:38:10 PM
______________________________________________________
JEFFREY D. KYLE
Clerk
DANA DUTSCHMANN and KEVIN BIERWIRTH,
Appellants,
vs.
FEDERAL NATIONAL MORTGAGE ASSOCIATION,
Appellee.
______________________________________________________
On Appeal from the County Court at Law No. 2
Travis County, Texas
Trial Court Cause No. C-1-CV-15-006351
______________________________________________________
APPELLEE’S MOTION TO EXTEND TIME
FOR FILING APPELLEE’S BRIEF
To the Honorable Court of Appeals:
A. Introduction and Procedural Status
1. This is an appeal from a forcible detainer action in the County Court
at Law No. 2, Travis County, Texas. Appellants filed their respective Notices of
Appeal on September 5, 4014.
2. Appellee now respectfully requests the Court extend the time to file
its brief.
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B. Argument & Authorities
3. Appellant Kevin Bierwirth, pro se, filed his Brief on March 6, 2015.
4. Appellant Dana Dutschmann, pro se, filed her Brief on March 31,
2015.
5. Appellee’s Brief is due on April 30, 2015.
6. No previous extension has been requested or granted to extend the
time to file Appellee’s brief.
7. Undersigned counsel has worked diligently in preparing a responsive
brief to the two separate briefs filed by Appellants. To date, undersigned counsel
has prepared a draft of Appellee’s brief, but has yet to complete the brief due to
preparation for the upcoming trial of an unrelated matter, and numerous recent
deposition obligations.
8. Accordingly, Appellee and undersigned counsel now request an
additional one (1) week extension of time for Appellee to file its brief in this
matter.
9. This brief extension of time will not prejudice any party to this
proceeding.
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C. Prayer
10. For these reasons, Appellee Federal National Mortgage Association
respectfully requests that the Court grant an additional one (1) week extention of
time for Appellee to file its brief.
Respectfully submitted,
By: /s/ Douglas G. Dent
Brian P. Casey
State Bar No. 00793476
Douglas G. Dent
State Bar No. 24078062
6836 Bee Caves, Bldg. 3, Suite 303
Austin, Texas 78746
Tel.: 512-617-6409
Fax: 888-530-9616
bcasey@caseylawtx.com
ddent@caseylawtx.com
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Certificate of Conference
I hereby certify that I have conferred with Appellant Kevin Bierwirth via
email regarding the relief requested in this Motion. Mr. Bierwirth neither agrees,
nor disagrees with the relief requested in this Motion.
I further hereby certify that I have attempted to confer with Appellant Dana
Dustchmann via email regarding the relief requested in this Motion, but Ms.
Dutschmann has not responded.
/s/ Douglas G. Dent
Douglas G. Dent
Certificate of Service
Pursuant to Tex. R. App. P. 9.5, I hereby certify that on April 29, 2015, I
served the foregoing document via regular mail on the following persons:
Kevin Bierwirth
13276 Research Blvd., #204
Austin, Texas 78750
Dana Dutschmann
3305 Spaniel Drive
Austin, Texas 78759
/s/ Douglas G. Dent
Douglas G. Dent
Certificate of Compliance
Pursuant to Tex. R. App. P. 9.4(i)(3), I certify that this document contains
400 words.
/s/ Douglas G. Dent
Douglas G. Dent
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