ACCEPTED
03-15-00110-CR
5423648
THIRD COURT OF APPEALS
AUSTIN, TEXAS
5/26/2015 5:02:41 PM
JEFFREY D. KYLE
CLERK
NO. 03-15-00110-CR
IN THE THIRD COURT OF APPEALS
FILED IN
AUSTIN, TEXAS 3rd COURT OF APPEALS
AUSTIN, TEXAS
5/26/2015 5:02:41 PM
THOMAS KRAUSZ, JEFFREY D. KYLE
Clerk
Appellant,
V.
STATE OF TEXAS,
Appellee.
FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE APPELLANT’S BRIEF
CHERIE A. BALLARD
SBN:01650010
BALLARD & MULLOWNEY,P.C.
900 Ranch Road 620 South
C101-205
Austin, Texas 78734
(512) 261-9541 office
(512) 261-9570 fax
cherieballard@austin.rr.com
TO THE HONORABLE THIRD COURT OF APPEALS:
Pursuant to TEX. R. APP. P. 10.1 and 38.6(d), the Appellant, THOMAS
KRAUSZ, files this Unopposed First Motion to Extend Time to File Appellant’s
Brief.
Appellant’s opening brief is currently due on May 26, 2015.
Counsel for Appellant requests a 30-day extension of time to file its brief,
making the brief due on June 25, 2015. This is the first request for extension of
time to file the opening brief.
Counsel for Appellant 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 for Appellant has primary responsibility in the following
lawsuit which involve the preparation for a bench trial:
State of Texas vs. Caleb Daniel Akroosh; Cause Number
C1CR141400196 out of the County Court at Law Number Five out of
Travis County, Texas.
Counsel’s elderly mother is in the hospital after having surgery and
will remain hospitalized for a least the next month. Counsel’s mother
is hospitalized in the DFW area Counsel wishes to spend some time
with her mother and be able to assist her sister with duties surrounding
her hospital stay.
Counsel for Appellant 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/she 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 requests that this Court grant this
Unopposed First Motion to Extend Time to File Appellant’s Brief and extend the
Deadline for Filing the Appellant Brief up to and including June 25, 2015.
Appellant requests all other relief to which she may be entitled.
Respectfully submitted,
/s/Cherie A. Ballard
Cherie A. Ballard
SBN:01650010
Ballard & Mullowney, P.C.
900 Ranch Road 620 S0.C101-205
Austin, Texas 78734
(512) 261-9541
(512) 261-9570 fax
Counsel for Appellant
CERTIFICATE OF CONFERENCE
I certify that I conferred with counsel for Appellee regarding this motion and
that Appellee is not opposed to this motion.
/s/Cherie A. Ballard
Cherie Ballard
Attorney for Thomas Krausz,
Appellan
CERTIFICATE OF SERVICE
I certify that on May 26, 2015, I served a copy of this motion to the
following counsel:
Kathryn A. Scales
Appellate Division
Travis County District Attorney’s Office
Counsel for Appellee
/s/Cherie A. Ballard
Cherie Ballard
Attorney for Thomas Krausz, Appellant