ACCEPTED
03-15-00384-CV
7112508
THIRD COURT OF APPEALS
AUSTIN, TEXAS
9/25/2015 4:58:14 PM
JEFFREY D. KYLE
CLERK
NO. 03-15-00384-CV
FILED IN
IN THE COURT OF APPEALS 3rd COURT OF APPEALS
AUSTIN, TEXAS
FOR THE
9/25/2015 4:58:14 PM
THIRD SUPREME JUDICIAL DISTRICT OF TEXAS
JEFFREY D. KYLE
AUSTIN, TEXAS Clerk
CRYSTAL BINGHAM HERNANDEZ,
Plaintiff/Appellant,
v.
TIFFANY POLLEY,
Defendant/Appellee.
APPELLEE’S UNOPPOSED MOTION FOR EXTENSION
TO FILE APPELLEE’S RESPONSIVE BRIEF ON APPEAL
TO THE HONORABLE COURT OF APPEALS:
COMES NOW Tiffany Polley, Appellee herein and Defendant in the lower
court (“Appellee”), and requests an extension of thirty (30) days to file his
Responsive Brief on Appeal, and would show this Court of Appeals the following:
APPELLEE’S MOTION FOR EXTENSION TO FILE RESPONSIVE BRIEF ON APPEAL – Page 1
I.
Appellant filed her Notice of Appeal on June 24, 2015.
II.
The Clerk’s Record was filed on July 13, 2015.
III.
The Reporter’s Record was filed on July 22, 2015.
IV.
After obtaining a 30 day extension on an unopposed motion for the same,
Appellant filed her Brief on Appeal on September 18, 2015.
V.
Appellee’s Responsive Brief on Appeal is due on October 19, 2015.
VI.
Appellee would show this Court of Appeals that Appellee has not previously
petitioned the Court for an extension of time for filing the “item in question." TEX.
R. APP. P. 10.5(b)(1)(D).
VII.
Appellee requests an additional thirty (30) days to file Appellee’s
Responsive Brief on Appeal from the date that it is now due, up to and including
November 19, 2015.
APPELLEE’S MOTION FOR EXTENSION TO FILE RESPONSIVE BRIEF ON APPEAL – Page 2
VIII.
Appellee’s counsel would show this Court of Appeals that he has already
requested the record on appeal in order to begin drafting his responsive Brief.
IX.
Appellee’s counsel would show this Court of Appeals that in addition to
completing the responsive Brief in this matter, he has an active litigation and
appellate docket including multiple trials set in the next few months as well as
other briefing matters due.
X.
On September 24, 2015, counsel for Appellee conferred with counsel for
Appellant regarding the merits of this Motion, and Appellant’s counsel indicated
they did not oppose the Motion.
XI.
This Motion is not being filed for the purpose of harassment or unnecessary
delay, but to see that justice is done.
WHEREFORE, PREMISES CONSIDERED, Appellee respectfully requests
that this honorable Court of Appeals grant this Motion and that Appellee have until
November 19, 2015 in which time to file his Responsive Brief on Appeal.
APPELLEE’S MOTION FOR EXTENSION TO FILE RESPONSIVE BRIEF ON APPEAL – Page 3
Respectfully submitted,
THE WILLIS LAW GROUP, PLLC
___/s/ Lorin M. Subar _______
KIRK D. WILLIS
State Bar No. 21648500
JOSEPH M. GREGORY, III
State Bar No. 08436525
LORIN M. SUBAR
State Bar No. 19456800
10440 N. Central Expy Ste 520
Dallas, Texas 75231
Telephone: (214) 736-9433
Facsimile: (214) 736-9994
ATTORNEYS FOR APPELLEE
CERTIFICATE OF CONFERENCE
This is to certify that on September 24, 2015, the undersigned counsel for
Appellee conferred with counsel for Appellant, regarding the merits of this Motion.
Appellant’s counsel indicated they did not oppose the Motion.
___/s/ Lorin M. Subar
LORIN M. SUBAR
APPELLEE’S MOTION FOR EXTENSION TO FILE RESPONSIVE BRIEF ON APPEAL – Page 4
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the
foregoing document has been forwarded to all parties or their counsel of record on
September 25, 2015 in accordance with the Texas Rules of Appellate Procedure.
Rick Dehoyos
Law Offices of Rick DeHoyos
502 South Irving Street
San Angelo, Texas 76903
Via Facsimile: 325-227-6913
___/s/ Lorin M. Subar
LORIN M. SUBAR
APPELLEE’S MOTION FOR EXTENSION TO FILE RESPONSIVE BRIEF ON APPEAL – Page 5