ACCEPTED
03-15-00415-CV
7906174
THIRD COURT OF APPEALS
AUSTIN, TEXAS
11/19/2015 1:26:19 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00415-CV
FILED IN
3rd COURT OF APPEALS
In the Court of Appeals AUSTIN, TEXAS
For the Third Judicial District 11/19/2015 1:26:19 PM
Sitting at Austin, Texas JEFFREY D. KYLE
Clerk
Sandra Kay Hargrove
v.
Gary M. Hargrove
Appealed from the 27th Judicial District Court of
Bell County, Texas
Appellee’s Second Motion To
Extend Time To File Brief
Christopher L. Cornish
State Bar No. 24065079
CORNISH LAW FIRM, PLLC
404 North Main Street
Belton, Texas 76513
Tel: (254) 939-5200
Fax: (254) 939-2121
chris@cornishlawfirm.com
Attorney for Appellee
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No. 03-15-00415-CV
Sandra Kay Hargrove
v.
Gary M. Hargrove
Appellee’s Second Motion To Extend Time To File Brief
To the Honorable Court of Appeals:
Comes now Gary Hargrove, who is the Appellee in the above case, and files
this Motion to Extend Time to File Brief. In support of this Motion, Appellee
would show as follows:
1. The Reporter’s Record was filed in this case on August 20, 2015. The
last Supplemental Clerk’s Record was filed in this case on November 12, 2015.
Appellant filed her brief on September 21, 2015. The Court has previously granted
one extension of time in this case. Appellee’s Brief would otherwise be due on
November 23, 2015.
2. Appellee requests that the deadline to file Appellee’s Brief be
extended for (30) days.
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3. Good cause exists for the extension of time to file the Appellee’s Brief
in this case. Appellee’s counsel who is responsible for the preparation of the Brief
was not trial counsel and this case involves a lengthy procedural history that
required an additional supplemental clerk’s record that has now been completed.
In addition, lead counsel for Appellee is responsible for filing a brief for an
Appellant in an accelerated appeal under Chapter 262 and 263 of the Texas Family
code for this court in Cause Number 03-15-00673-CV which has been made due
on November 23, 2015 by virtue of the completion of the Reporter’s Record in that
case.
4. No party will be prejudiced by the extension of time requested, and
counsel will not oppose any effort to expedite the consideration of this case in the
future should the Court deem it appropriate, or if it is requested by the opposition.
Appellee requests that the Court extend the time for filing the Appellee’s Brief in
this case to December 23, 2015.
5. The extension of time for the Appellee is an amount of time that is not
unusual for briefs in this Court.
Wherefore, premises considered, Appellee respectfully requests the Court
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extend the time for filing his Brief up to and including December 23, 2015.
Respectfully submitted,
/s/ Christopher L. Cornish
Christopher L. Cornish
State Bar No. 24065079
Attorney for Appellee
Certificate of Conference
On November 19, 2015, I exchanged correspondence with Appellant’s
attorney and informed him that the Appellee would be requesting an extension to
file his brief. There was no opposition expressed to the extension.
/s/ Christopher L. Cornish
Christopher L. Cornish
Certificate of Compliance
In accordance with the Texas Rules of Appellate Procedure 9.4, the
undersigned attorney of record certifies that this filing contains 14-point typeface for
the body of the document, 12-point typeface for footnotes of the document, if any,
and contains 500 or less words as indicated by the word count software, excluding
those words identified as exempt from the word count under the rule and was
prepared on Microsoft Word 2010.
/s/ Christopher L. Cornish
Christopher L. Cornish
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Certificate of Service
I hereby certify that a true and correct copy of the foregoing was sent to the person(s)
named below, at the address shown by placing the same in a properly addressed envelope,
postage pre-paid, and mailing the document by first class mail (or by other means stated
below) on November 19, 2015.
Doug W. Ray Via Facsimile (512) 328-1156
Attorney for Appellant
2700 Bee Caves Road
Austin, Texas 78746
/s/ Christopher L. Cornish
Christopher L Cornish
Attorney for Appellee
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