ACCEPTED
03-15-00295-CV
6474416
THIRD COURT OF APPEALS
AUSTIN, TEXAS
8/12/2015 11:03:55 PM
JEFFREY D. KYLE
CLERK
DOCKET NO. 03-15-00295-CV
GERALD KOSTECKA § THIRD COURT OF
FILED IN
§ APPEALS3rd COURT OF APPEALS
AUSTIN, TEXAS
§ 8/12/2015 11:03:55 PM
V. § JEFFREY D. KYLE
Clerk
§
SMOKEY MO'S FRANCHISE, §
LLC D/B/A SMOKEY MO'S
BBQ AUSTIN, TEXAS
APPELLANT’S THIRD MOTION FOR EXTENSION
OF TIME TO FILE APPELLATE BRIEF
COMES NOW, Appellant Gerald Kostecka, and pursuant to the
Texas Rules of Appellate Procedure 38.6(d) and 10.5(b), files this Third
Agreed Motion for Extension of Time to File Appellate Brief, and in
support thereof would show as follows:
I.
Appellant’s brief in this case was originally due July 15, 2015.
Appellant was granted a 21-day extension of time to file the brief until
August 5, 2015. This extension was agreed to by Appellee. Appellant
sought and was granted an additional seven-day extension until August
12, 2015. Appellee agreed with this extension as well. Appellant’s
reasons for these extensions are set forth in the respective motions.
II.
Appellant was in the process of putting the finishing touches on his
brief, and was preparing to cite to that portion of the appellate record
where Appellant’s response (and particularly the affidavit supporting
that response) to Appellee’s motion for summary judgment was located.
Appellant then realized, however, that Appellant’s response to the
motion for summary judgment had not been included in the appellate
record. Appellant had previously requested in writing to the district clerk
that Appellant’s response to Appellee’s motion for summary judgment
be included in the appellate record. Appellant attempted to confer with
Appellee about this Motion, but Appellee could not be reached.
III.
Appellant contacted the district clerk’s office today. Appellant has
been assured that the district clerk will promptly supplement the
appellate record by submitting Appellant’s response to the motion for
summary judgment.
IV.
This Motion is not filed for delay only, but so that justice may be
done. The undersigned counsel has personal knowledge of the facts set
forth in this Motion. Appellant respectfully requests that this Court
extend the deadline for filing Appellant’s brief until ten (10) days after
the appellate record is supplemented in this case.
WHEREFORE, PREMISES CONSIDERED, Appellant Gerald
Kostecka respectfully requests that this Court grant his Third Motion for
Extension of Time to File Appellant’s Brief, and also requests that the
Court grant such further and other relief to which Appellant may be
entitled.
Respectfully submitted,
LAW OFFICE OF STUART WHITLOW
By: /s/ Stuart Whitlow__________
Stuart Whitlow
Texas Bar No.: 21378050
1104 S. Mays, Suite 116
Round Rock, Texas 78664
Tel. (737) 346-1839
Fax (512) 218-9235
Email stuartrtwhitlowlaw@yahoo.com
Attorney for Appellant
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and
foregoing legal instrument was served upon Robert House, Clark &
Trevino, 1701 Directors Boulevard, Suite 920, Austin, Texas 78744, in
accordance with the Texas Rules of Civil Procedure on the 12th day of
August, 2015.
_/s/Stuart Whitlow_________________
Stuart Whitlow
CERTIFICATE OF CONFERENCE
This is to certify that Stuart Whitlow, counsel for Appellant Gerald
Kostecka, attempted to confer with counsel for Appellee but could not
reach him to confer with respect to this Motion.
_/s/Stuart Whitlow________
Stuart Whitlow