ACCEPTED
03-15-00497-CV
6932912
THIRD COURT OF APPEALS
AUSTIN, TEXAS
9/15/2015 2:01:48 PM
JEFFREY D. KYLE
CLERK
NO. 03-15-00497-CV
FILED IN
3rd COURT OF APPEALS
IN THE COURT OF APPEALS AUSTIN, TEXAS
FOR THE THIRD DISTRICT OF TEXAS,9/15/2015 2:01:48 PM
AT AUSTIN, TEXAS JEFFREY D. KYLE
Clerk
KAREN E. LANDA,
Appellant
V.
CHARLES L. FARRIS,
Appellee.
On Appeal from the 98th Judicial District Court, Travis County
Honorable Judge Triana Presiding
APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE
APPELLANT'S BRIEF
HANCESCARBROUGHLLP THE CRONFEL FIRM
Terry L. Scarborough Guillermo Ochoa-Cronfel
State Bar No. 17716000 State Bar No. 15175600
TScarborough@hslawmail.com Guillermo@thecronfelfirm.com
V. Blayre Pena 2700 Bee Cave Rd.
State Bar No. 24050372 Austin, TX 78746
BPena@hslawmail.com Telephone: (512) 347-9600
400 W. 15th Street, Ste. 950 Facsimile: (512) 347-9911
Austin, TX 78701 ATTORNEYS FOR APPELLEE
Telephone: (512) 479-8888 CHARLES FARRIS
Facsimile: (512) 482-6891
ATTORNEYS FOR APPELLANT
KAREN E. LANDA
Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d),
Appellant Karen E. Landa files her first motion for an extension of time to file
Appellant's Brief on the Merits. In support of this Motion, Appellant would show
unto the Court the following:
1. This is an accelerate appeal from the trial court's denial of Appellant's
special appearance.
2. The Appellant's brief is currently due on September 21, 2015, which
is approximately 20 days after the date the reporter's record was filed.
3. Appellant requests an extension of 30 days to file her brief, through
and until October 21, 2015.
4. Appellant requests this extension because lead counsel for Appellant
is celebrating his 25 year wedding anniversary on September 15, 2015, and is
going out of town with his wife to celebrate it.
5. Appellant further requests this extension to determine whether the
trial court will submit findings of fact and conclusions of law. Appellant requested
the discretionary findings on August 11, 2015, and subsequently sent a second
request on September 10, 2015. Pursuant to Tex. R. Civ. P. 297, if the Court is
inclined to issue said findings, the court is allowed an additional ten days from the
second notice, which would run on September 20, 2015. Since September 20th is a
Sunday, the findings could be filed on Monday, September 21, 2015, the same day
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Appellant's brief is due. While the trial court's staff attorney has indicated the
court is not inclined to issue discretionary findings for an interlocutory appeal,
Appellant would prefer to wait until the deadline has passed just in case there is
any chance the trial court changes its mind. Findings of fact would be extremely
useful in preparing Appellant's arguments for this appeal.
6. This is Appellant's first request for an extension.
7. This motion is not being filed for purposes of delay, but rather so justice
may be done in this case.
For the reasons stated, Appellant, Karen E. Landa respectfully requests an
extension of 30 days, through and until October 21, 2015, to file Appellant's Brief
on the Merits.
Respectfully submitted,
HANCESCARBOROUGH,LLP
400 W. 15th Street, Ste. 950
Austin, Texas 78701
Telephone: (512) 479-8888
Facsimile: (512) 482-6891
By: 1\/L~
Terry L. Sc~ orough
State Bar No. 17716000
tscarborough@hslawmail.com
V. Blayre Pena
State Bar No. 24050372
bpena@hslawmail.com
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CERTIFICATE OF CONFERENCE
I emailed Guillermo Ochoa-Cronfel, attorney for Appellee, on September
14, 2015, and Mr. Ochoa-Cronfel responded on the same day that he is opposed to
this motion.
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Motion was served on the
following counsel of record on September 15, 2015, via certified mail, return
receipt requested, and/or the electronic filing system:
Guillermo Ochoa-Cronfel
THE CRONFEL FIRM
2700 Bee Cave road, Suite 103
Austin, Texas 78746
512-347-9600
512-347-9911 fax
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