ACCEPTED
03-15-00422-CV
6867961
THIRD COURT OF APPEALS
AUSTIN, TEXAS
03-15-00422-CV 9/10/2015 2:01:05 PM
JEFFREY D. KYLE
CLERK
Cause No. 15-0708-CC4
SHAKEEL MUSTAFA, § IN THE
FILED IN THIRD
3rd COURT OF APPEALS
Appellant § AUSTIN, TEXAS
§ 9/10/2015 2:01:05 PM
v. § COURT OF D.
JEFFREY APPEALS
KYLE
Clerk
§
FELIX RIPPY, §
Appellee § AUSTIN, TEXAS
APPELLANT’S MOTION TO EXTEND TIME TO FILE MOTION FOR REHEARING
Appellant asks the Court to extend the time to file the motion for rehearing.
A. INTRODUCTION
1. Appellant is Shakeel Mustafa; appellee is Felix Rippy.
2. The fifteen day deadline required for motions to extend time for
rehearing occurred on September 5, 2015, which was a Saturday. September
8, 2015, was the first business day after the weekend because September 7,
2015, was a holiday. Appellant’s brief was attempted to be electronically
submitted at 11:59 p.m. on September 8, 2015. However, the brief was not
successfully transmitted to the court clerk until 12:01 a.m. on September 9,
2015.
B. ARGUMENT & AUTHORITIES
3. The Court has the authority under Rule 49.8 to extend the time for a
party to file a motion for rehearing.
4. Appellant’s motion for was due on September 8, 2015.
Appellant’s Motion to Extend Time to File Motion for Rehearing
Page 1
5. Appellant requests an additional one day to file the motion for
rehearing, extending the time until September 9, 2015.
6. No extension has been granted to extend the time to file the motion for
rehearing.
7. Appellant needs additional time to file the motion for rehearing because
the electronic filing was not successfully completed for approximately two
minutes, resulting in the brief being filed on September 9, 2015, at 12:01 a.m.
8. If the Court cannot extend the deadline, Appellant asks the Court to
reconsider the case en banc. See Tex. R. App. P. 41.2(c), 49.7. The issue to be
decided is whether a motion to compel arbitration that is denied can serve as
the basis for an interlocutory appeal when there are competing motions to
compel arbitration that provide different procedural rules. The issue in this
case presents such an extraordinary circumstance that resolution of the issue
by the Court en banc is necessary.
D. PRAYER
9. For these reasons, Appellant asks the Court to grant an extension of time
to file the motion for rehearing until September 9, 2015.
Appellant’s Motion to Extend Time to File Motion for Rehearing
Page 2
RESPECTFULLY SUBMITTED,
OSBORN LAW FIRM, P.C.
By: /s Chris Osborn .
Christopher D. Osborn
State Bar No. 24037221
1019 Cecelia Street
Taylor, Texas 76574
512-275-6593
512-309-5317 fax
chris@osbornpc.com
ATTORNEY FOR APPELLANT
CERTIFICATE OF CONFERENCE
I certify that I contacted Appellee, Felix Rippy, via electronic mail on September 9,
2015, and he is opposed to this motion.
Appellant’s Motion to Extend Time to File Motion for Rehearing
Page 3
CERTIFICATE OF SERVICE
I certify that a copy of Appellant’s Brief was served on Appellee, Felix Rippy, via
electronic mail before 5:00 p.m. this 9th day of September, 2015.
/s/ Chris Osborn .
Christopher Osborn
Felix Rippy x❒ email to felixrippy@aol.com
3000 Joe DiMaggio, Ste. 3
Round Rock, TX 78665
512-310-9500
512-310-2580 fax
Appellant’s Motion to Extend Time to File Motion for Rehearing
Page 4