ACCEPTED
03-15-00365-CV
7255841
THIRD COURT OF APPEALS
AUSTIN, TEXAS
10/6/2015 3:55:37 PM
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
10/6/2015 3:55:37 PM
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’ SECOND 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
APPELLANTS’ MOTION TO EXTEND TIME Page 1 of 4
TEX. R. APP. P. 38.6(d).
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 October 8, 2015
6. Appellants’ request an additional thirty days to file their brief,
extending the time until Monday, November 9, 2015.
7. One extension has been granted to extend the time to file the
Appellants’ Brief.
8. In addition to working on this appeal, Counsel for Appellants has
been handling a very busy litigation schedule in the thirty days since
the court granted its previous extension. Counsel has engaged in
significant settlement, discovery, hearing, and trial preparation work.
9. Additionally, Counsel for Appellants believes that the unique
positions on the law that undergird this case, positions for which the
Supreme Court has requested briefing on the merits prior to granting
a Petition for Review, warrant additional research to ensure that all
matters are fully and adequately briefed for this court. See Wood v.
HSBC et al., 439 S.W.3d 585 (Tex.App.–Houston [14th Dist] 2014,
APPELLANTS’ MOTION TO EXTEND TIME Page 2 of 4
pet. filed), briefing requested, No.14-0714 (Tex. Feb. 27, 2015).
10. Thus, this motion is not filed for the purpose of delay, but to allow
counsel adequate time to prepare the brief on the merits.
CONCLUSION
11. Appellant’s busy litigation schedule, coupled with the Supreme
Court’s pending decision to grant review in Wood v. HSBC and the
effect that decision may have on this appeal and the unique positions
presented here warrants an additional extension of time.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellants ask the Court to
grant an extension of time to file their brief until Monday, November 9,
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
APPELLANTS’ MOTION TO EXTEND TIME Page 3 of 4
CERTIFICATE OF CONFERENCE
I hereby certify that I have conferred with Larry W. Bale, Counsel for
Appellee, by telephone on October 6, 2015 in accordance with TEX. R.
CIV. P. 10.5(a)(5), and he remains opposed to any extensions in this case.
/s/ Paul J. Downey
Paul J. Downey.
CERTIFICATE OF SERVICE
I hereby certify that on October 6, 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
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