ACCEPTED
03-15-00368-CV
6448452
THIRD COURT OF APPEALS
AUSTIN, TEXAS
8/11/2015 3:11:38 PM
JEFFREY D. KYLE
CLERK
NO. 03-15-00368-CV
FILED IN
IN THE COURT OF APPEALS 3rd COURT OF APPEALS
FOR THE THIRD SUPREME JUDICIAL DISTRICTAUSTIN, TEXAS
AT AUSTIN 8/11/2015 3:11:38 PM
JEFFREY D. KYLE
Clerk
LAURA PRESSLEY,
APPELLANT
vs.
GREGORIO "GREG" CASAR,
APPELLEE
MOTION TO EXTEND TIME FOR FILING APPELLANT'S BRIEF
TO THE HONORABLE COURT OF APPEALS:
Now comes Laura Pressley, Appellant and pursuant to Tex.R.App.P.
10.5, moves this court to grant an extension of time to file Appellant's Brief,
and respectfully states:
1. The due date for Laura Pressley, Appellant's Brief is currently
August 18, 2015. The last Clerk's Record and the Reporter's Record was
filed on August 7, 2015. The trial court has indicated it will file an order on
Appellant's request for additional Findings of Fact and Conclusions of Law
in the future. Therefore the last filing of the Record has not been set as of
yet or at a minimum as of this date was August 7, 2015. Tex. R App. P.
38.6(a).
2. Laura Pressley seeks an extension of time to file Appellant's
brief for 20 days from the current stated due date of August 18, 2015 or
until September 8, 2014. The extension is needed because the record in
this case is voluminous and rather disorganized making preparing the brief
and appendix very time consuming, Appellant's attorney will be out of the
office from August 22 until September 1, 2015 on a combination
family/business trip and will be unable to work on the brief during that time,
and Appellant's attorney has depositions and other professional
commitments that will prevent him from working on the brief exclusively
between the date hereto and August 18, 2015. As a result of the series of
judgments and other post judgment activities of the trial court , the length
and status of the record and the series of supplements and Appellant's
attorney's schedule , the brief cannot be properly and efficiently prepared
and filed before September 8, 2015.
3. Therefore, this Motion is in the interest of justice and orderly
presentation of the issues that need to be resolved in this appeal and not
for by reason of any procrastination or for delay.
PRESSLEY MOTION TO EXTEND TIME Page 2
4. Counsel for Laura Pressley has conferred with counsel for
Casar and Casar does not oppose this Motion to Extend Time to
September 8, 2015.
5. Appellant attempted to file a previous Motion but was told it was
premature and it was not accepted for filing. Consequently this is the first
extension of time Laura Pressley has presented to this honorable Court for
the filing of the Appellant's Brief.
PRAYER
For these reasons, Laura Pressley requests that this court enter an
order extending the time for filing Appellant's Brief until September 8, 2015
Laura Pressley also requests any other relief to which she may be
entitled.
Respectfully Submitted,
Mark Co en
SBN : 04508400
805 West 1oth Street, Suite 100
Austin, Texas 78701
(512) 474-4424 Telephone
(512) 472-5444 Facsimile
mark@cohenlegalservices.com
ATTORNEY FOR APPELLANT
PRESSLEY MOTION TO EXTEND TIME Page 3
CERTIFICATE OF CONFERENCE
Please be advised that the undersigned has conferred with opposing
counsel on August 11 , 2015 regarding this Motion, and the Counsel for
Gregorio "Gregll Casar are unopposed to the Court extending the due date
for Appellant's brief until September 8, ~
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PRESSLEY MOTION TO EXTEND TIME Page 4
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and
foregoing has been served by efile and/or facsimile to the following persons
on this 11 th day of August, 2015.
Kurt Kuhn
State Bar No. 24002433
KUHN HOBBS PLLC
3307 Northland Drive,# 310
Austin, Texas 78731
(512) 476-6000 Telephone
(512) 476-6002 Facsimile
Kurt@KuhnHobbs.com
Charles 'Chuck' Herring Jr.
State Bar No. 095341 00
Herring & Irwin, L.L.P.
1411 West Avenue, Ste 100
Austin , TX 78701
(512) 320-0665 Telephone
(512) 519-7580 Facsimile
cherring@herring-irwin .com
ATTORNEYS FOR APPELLEE
GREGORIO "GREG" CASAR
David A. Rogers
State Bar No. 24014089
1201 Spyglass Drive, Suite #1 00
Austin, Texas 78746
(512) 923-1836 Telephone
(512) 201-4082 Facsimile
Firm@DARogerslaw.com
To be appearing prose later
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PRESSLEY MOTION TO EXTEND TIME PageS