ACCEPTED
03-14-00812-CV
5155622
THIRD COURT OF APPEALS
AUSTIN, TEXAS
5/5/2015 12:52:44 PM
JEFFREY D. KYLE
CLERK
CAUSE NO. 03-14-00812-CV
IN THE COURT OF APPEALS FILED IN
3rd COURT OF APPEALS
FOR THE AUSTIN, TEXAS
3rd JUDICIAL DISTRICT OF TEXAS 5/5/2015 12:52:44 PM
AUSTIN, TEXAS JEFFREY D. KYLE
Clerk
BOBBIE WHITE,
Appellant,
VS.
JOSEFINO BENCOMO III,
Appellee
APPELLEE’S SECOND UNOPPOSED
MOTION TO EXEND TIME FOR FILING BRIEF
From the District Court, 26th Judicial District of Williamson County, Texas
Trial Court Cause No. 14-0374-C26; The Honorable Donna King, Judge
Respectfully submitted,
FRED E. WALKER, P.C.
/s/Fred E. Walker
Fred E. Walker
Texas Bar No. 20700400
609 Castle Ridge Road, Suite 220
Austin, TX 78746
Tel. (512) 330-9977
Fax. (512) 330-1686
Fred@FredWalkerLaw.com
Attorney for Defendant
Josefino Bencomo III
ATTORNEY FOR APPELLEE
TO THE HONORABLE THIRD COURT OF APPEALS:
Pursuant to TEX. R. APP. P. 10.1 and 38.6(d), the Appellee, Josefino
Bencomo III files this Unopposed Second Motion to Extend Time to File
Appellee’s Brief.
Appellee’s opening brief is currently due on May 4, 2015.
Counsel for Appellee requests a one day extension of time to file its brief,
making the brief due on May 5, 2015. This is the second request for extension
of time to file the opening brief.
Counsel for Appellee relies on the following reasons, in addition to the routine
matters that counsel must attend to in daily practice, to explain the need for the
requested extension:
Counsel incorrectly docketed the due date for the brief as being May 5 rather
than May 4. Appellee’s brief Is being filed contemporaneously with this
motion.
Counsel for Appellee seeks this extension of time to be able to prepare a cogent
and succinct brief to aid this Court in its analysis of the issues presented. This
request is not sought for delay but so that justice may be done.
The undersigned has conferred with opposing counsel, and he has indicated
that his client does not oppose this motion.
All facts recited in this motion are within the personal knowledge of the
counsel signing this motion therefore no verification is necessary under Rule of
Appellate Procedure 10.2.
PRAYER FOR RELIEF
For the reasons set forth above, Appellant/Appellee requests that this Court
grant this Unopposed First Motion to Extend Time to File
Appellant/Appellee’s Brief and extend the Deadline for Filing the Appellee’s
Brief up to and including May 5, 2015.
Respectfully submitted,
FRED E. WALKER, P.C.
/s/Fred E. Walker
Fred E. Walker
Texas Bar No. 20700400
609 Castle Ridge Road, Suite 220
Austin, TX 78746
Tel. (512) 330-9977
Fax. (512) 330-1686
Fred@FredWalkerLaw.com
Attorney for Defendant
Josefino Bencomo III
ATTORNEY FOR APPELLEE
CERTIFICATE OF CONFERENCE
I certify that I conferred with counsel for Appellant regarding this motion and
that Appellant is not opposed to this motion.
/s/Fred E. Walker
Fred E. Walker
CERTIFICATE OF SERVICE
I certify that on May 5, 2015, I served a copy of this motion to Tony A.
Pitts, Counsel for Appellant, by facsimile transmission to 512-244-4355 and by
email to tapitts@taplawfrim.com.
/s/Fred E. Walker