ACCEPTED
03-15-00019-CV
5459053
THIRD COURT OF APPEALS
AUSTIN, TEXAS
5/28/2015 4:17:00 PM
JEFFREY D. KYLE
CLERK
NO: 03-15-00019-CV
FILED IN
IN THE THIRD DISTRICT COURT OF 3rd
APPEALSCOURT OF APPEALS
AUSTIN, TEXAS
AT AUSTIN, TEXAS 5/28/2015 4:17:00 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’ MOTION TO EXTEND TIME TO FILE APPELLANTS’
BRIEF TO TODAY, MAY 28, 2015
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, contemporaneous with the filing of
their Appellants’ Brief today, file this 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. This is Appellants’ third request for an extension of time to file
their brief on the merits. The Court previously granted a second request to
provide time for the court reporter to file the trial exhibits, which were
inadvertently left out of the record. The deadline for Appellant’s Brief was set
for May 8, 2015.
2. 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.
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 April 8, 2015. The deadline after the second
unopposed request for extension was May 8, 2015.
8. Appellants’ counsel received the supplement to the reporter’s
record on April 13, 2015. Since receipt of the supplement, Appellants counsel
has been occupied with the following matters:
a) Oral argument on April 15, 2015 to the 14th Court of Appeals in
Case No. 14-14-00605-CV; Kelly v. Wiggins; in the Court of Appeals for the
Fourteenth District of Texas;
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b) a summary judgment reply deadline in Cause No. 2013-68181;
Ellington F. Holdings, LLC v. Tour Partners, Ltd, in the 55th District Court of
Harris County, Texas;
c) trial preparation for a Monday, April 20, 2015 trial docket call in
Cause No. 2013-68181; Ellington F. Holdings, LLC v. Tour Partners, Ltd, in
the 55th District Court of Harris County, Texas (case subsequently set for trial
beginning Tuesday, May 5, 2015);
d) a May 1, 2015 deadline for a Petition for Review to the Texas
Supreme Court in Case No. 15-0334; Laday v. Pedraza; in the Supreme Court
of Texas;
e) a May 1, 2015 trial setting in Cause No. 12-DCV-198696; OGAB
Investments, LLC v. Suarez; in the 269th District Court of Fort Bend County,
Texas;
f) a May 5, 2015 trial setting in Cause No. 2013-68181; Ellington F.
Holdings, LLC v. Tour Partners, Ltd, in the 55th District Court of Harris
County, Texas;
g) a May 12, 2015 dispositive hearing in Cause No. CV-0070213;
Kelly v. Wiggins; in County Court at Law No. 1 of Galveston County, Texas;
and
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h) several motions, discovery deadlines, mediation, and various time-
sensitive matters in several pending cases.
9. Due to the commitments above, Appellants’ counsel was unable to
prepare an adequate Appellants’ brief to aid the Court before the May 8, 2015
deadline. Appellants’ counsel has completed Appellants’ Brief and has
contemporaneously filed same today, Thursday, May 28, 2015.
10. Appellants respectfully request that the Court extend time for
Appellants to file their Appellants’ Brief for 20 days, making the extended
deadline today, Thursday, May 28, 2015.
11. 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 a 20-day extension
of time for filing their Appellants’ Brief for a new deadline of May 28, 2015
and for all such further relief to which they may be justly entitled.
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]
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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 have authority to allow this motion to be filed as unopposed, but stated
that Appellee will not seek dismissal of this Appeal. This motion is therefore
filed as opposed.
/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 28th day of May,
2015.
Mr. Sean O’Neill Texas E-File/ E-Mail
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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