ACCEPTED
03-15-00365-CV
6737256
THIRD COURT OF APPEALS
AUSTIN, TEXAS
9/1/2015 9:24:00 AM
JEFFREY D. KYLE
CLERK
No. 03-15-00365-CV
IN THE FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
THIRD JUDICIAL DISTRICT COURT OF APPEALS
9/1/2015 9:24:00 AM
JEFFREY D. KYLE
at AUSTIN, TEXAS Clerk
JAMES C. MOSSER and MOSSER LAW PLLC,
Appellants
v.
BOB MIMS,
Appellee
APPEALED FROM THE 340th JUDICIAL DISTRICT COURT
TOM GREEN COUNTY, TEXAS
APPELLANTS’ MOTION TO EXTEND TIME TO FILE ORIGINAL BRIEF
COMES NOW, Appellants, James C. Mosser, and Mosser Law PLLC, and
files this their Motion to Extend Time to File Original Brief, and in support
thereof would show the following:
INTRODUCTION
1. Appellants are James C. Mosser, and Mosser Law, PLLC.
2. Appellee is Bob Mims.
3. There is no specific deadline to file this motion to extend time. See
TEX. R. APP. P. 38.6(d).
APPELLANTS’ MOTION TO EXTEND TIME Page 1 of 6
ARGUMENT & AUTHORITIES
4. The Court has authority under Texas Rule of Appellate Procedure
38.6(d) to extend the time to file a brief.
5. Appellants’ Brief is Due on September 8, 2015.
6. Appellants’ request an additional thirty days to file their brief,
extending the time until Thursday, October 8, 2015.
7. No extension has been granted to extend the time to file the
Appellants’ Brief.
8. Appellants filed a request to supplement the Clerk’s Record with the
District Clerk of Tom Green County on August 31, 2015. A copy of
that request is attached to this motion as “Exhibit A” and is
incorporated in haec verba.
9. Appellants need additional time to file its brief because the requested
Supplement to the Record is essential to the arguments that
Appellants intend to make in their brief.
10. Supplementation of the Record is permitted when relevant items
have been omitted from the clerk’s record. See TEX. R. CIV. P.
34.5(c)(1). Any supplemental clerk’s record will be part of the
appellate record. TEX. R. CIV. P. 34.5(c)(3).
APPELLANTS’ MOTION TO EXTEND TIME Page 2 of 6
11. In reviewing the documents included in the Clerk’s Record, Counsel
for Appellants realized that additional documents in the record would
be necessary to provide this Court with the most accurate record and
to more fully support the Appellants’ Arguments.
12. Appellants understand that this request to supplement is made one
week before the brief would otherwise have been due. However, an
appellate court must not refuse to file a supplemental clerk’s record
because of a failure to timely request items to be included in the
clerk’s record. TEX. R. CIV. P. 34.5(b)(4).
13. Thus, appellants request the additional time to review the
supplemental record and to incorporate the relevant portions of the
this supplemental record into their brief.
CONCLUSION
14. The Appellants request for a Supplemental Clerk’s Record indicates
a good faith belief that the Supplemental Record is necessary to the
record put before this court, such that Appellants require additional
time to review the record and to incorporate facts contained in the
record into their brief.
APPELLANTS’ MOTION TO EXTEND TIME Page 3 of 6
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellants ask the Court to
grant an extension of time to file their brief until Thursday, October 8, 2015.
Respectfully Submitted, MOSSER LAW PLLC
/s/ Paul J. Downey
James C. Mosser
Texas Bar No. 00789784
Nicholas D. Mosser
Texas Bar No. 24075405
Paul J. Downey
Texas Bar No. 24080659
2805 Dallas Parkway, Suite 220
Plano, Texas 75093
Tel. (972) 733-3223
Fax. (469) 626-1073
courtdocuments@mosserlaw.com
CERTIFICATE OF CONFERENCE
I hereby certify that I have conferred with Larry W. Bale, Counsel for
Appellee, by telephone on August 31, 2015 in accordance with TEX. R.
CIV. P. 10.5(a)(5), and he is opposed to this motion.
/s/ Paul J. Downey
Paul J. Downey.
APPELLANTS’ MOTION TO EXTEND TIME Page 4 of 6
CERTIFICATE OF SERVICE
I hereby certify that on September 1, 2015, I served a copy of Appellants’
Motion to Extend Time to File Original Brief on the party listed below by
electronic service and that the electronic transmission was reported as
complete. My email address is courtdocuments@mosserlaw.com
/s/ Paul J. Downey
Paul J. Downey
Appellee
Bob Mims, represented by
Hay, Wittenburg, Davis, Caldwell & Bale, LLP
Larry W. Bale
Texas Bar No. 01629830
P.O. Box 271
San Angelo, Texas 76092
Tel. (325) 658-2728
lwb@hwdcb.com
APPELLANTS’ MOTION TO EXTEND TIME Page 5 of 6
EXHIBIT A: APPELLANT’S REQUEST FOR SUPPLEMENTAL CLERK’S
RECORD
Filed for Record
8/31/2015 6:29:13 PM
Sheri Woodfin, District Clerk
Tom Green County, Texas