ACCEPTED
03-15-00243-CV
6128036
THIRD COURT OF APPEALS
AUSTIN, TEXAS
7/20/2015 9:07:43 AM
JEFFREY D. KYLE
CLERK
CAUSE NO. 03-15-00243-CV
KRISTIN LEE § IN THE THIRD
FILED IN
Appellant, § 3rd COURT OF APPEALS
§ AUSTIN, TEXAS
7/20/2015 9:07:43 AM
vs. § COURT OF APPEALS
JEFFREY D. KYLE
§ Clerk
K & N MANAGEMENT, INC. d\b\a §
RUDY’S COUNTRY STORE AND §
BAR-B-Q; §
Appellee. § AUSTIN, TEXAS
APPELLANT’S UNOPPOSED MOTION
TO EXTEND TIME TO FILE BRIEF
TO THE HONORABLE COURT:
Appellant Kristin Lee asks the Court to extend the time to file her brief until
July 24, 2015.
I. INTRODUCTION
1. Appellant is Kristin Lee. Appellee is K & N Management, Inc. d\b\a
Rudy’s Country Store and Bar-B-Q.
2. A deadline of July 24, 2015 has been set by the Court to file a
response to the Clerk’s letter of July 14, 2015. The letter notified Appellant that
her brief was due as of June 26, 2015, as the Clerk’s record was filed May 20,
2015. Appellant’s attorney received an e-mail indicating that the Clerk’s record
had been filed; however, that e-mail was not read by counsel until the Clerk’s letter
of July 14, 2015 was received.
3. The parties have agreed to this motion.
II. ARGUMENT & AUTHORITIES
4. The Court has the authority under Tex. R. App. P. 38.6(d) to extend
the time to file a brief.
5. Appellant’s brief was due on June 26, 2015.
6. Appellant requests that she be permitted to file her brief on July 24,
2015.
7. No previous extension has been granted to extend the time to file
Appellant’s brief.
8. Though an e-mail from the Clerk was sent to Appellant’s counsel on
June 26, 2015 indicating that the Clerk’s record had been filed (and triggering the
deadline for Appellant to file her brief), the e-mail was not seen by Appellant’s
counsel until the Clerk’s letter of July 14, 2015 was sent. Appellant’s brief is
prepared and will be filed concurrent with this request for extended time to file
Appellant’s brief.
III. CONCLUSION
9. Appellant asks for additional time to file her brief. Appellant’s brief
was due on June 26, 2015 and Appellant request that she be permitted until July
24, 2015 to file her brief, which is being filed concurrent with this request.
IV. PRAYER
10. For these reasons, Appellant Kristin Lee asks the Court to grant an
extension of time to file her brief until July 24, 2015.
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Respectfully submitted,
LAW OFFICES OF PRICE AINSWORTH, P.C.
3821 JUNIPER TRACE, #210
AUSTIN, TEXAS 78738
price@ainsworth-law.com
512-233-1111
512-472-9157 fax
By:
Price Ainsworth
State Bar No. 00950300
ATTORNEY FOR PLAINTIFF
CERTIFICATE OF CONFERENCE
I certify that I have conferred with Ethan Goodwin by e-mail, and he has
agreed and is unopposed to extending Appellant’s time to file an answer.
________________________________
Price Ainsworth
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing document has
been served on the following counsel of record on this the 17th day of July 2015:
VIA FACSIMILIE – 512-383-0503
Ethan F. Goodwin
Clark, Price & Trevino
1701 Directors Boulevard, #920
Austin, Texas 78744
________________________________
Price Ainsworth
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Kristin Lee v. K & N Management, Inc. D/B/A Rudy's Country Store and Bar-B-Q
Combined Opinion