James C. Mosser and Mosser Law PLLC v. Bob Mims

ACCEPTED 03-15-00365-CV 8330719 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/21/2015 4:23:01 PM JEFFREY D. KYLE CLERK 03-15-00365-CV IN THE FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS THIRD COURT OF APPEALS 12/21/2015 4:23:01 PM JEFFREY D. KYLE Clerk at AUSTIN, TEXAS JAMES C. MOSSER and MOSSER LAW PLLC v. BOB MIMS APPELLEE’S MOTION TO EXTEND TIME TO FILE BRIEF Appellee, Bob Mims, files this motion to extend the time to file his brief and in support of same would respectfully show the following: 1. Appellants are James C. Mosser and Mosser Law, PLLC. 2. Appellee is Bob Mims. 3. Appellants’ brief was filed November 23, 2015. 4. Appellee’s brief is due December 23, 2015. 5. Appellee requests an additional 30 days to file his brief, extending the time until January 22, 2016. -1- 6. Appellee’s trial court counsel did not anticipate that he would continue to represent Bob Mims in this appeal; however, Bob Mims has not been able to make financial arrangements with an appellate specialist. Therefore, the undersigned counsel, who was Bob Mim’s trial court counsel, needs additional time to prepare an appropriate Appellee’s brief. 7. No extension has been granted to extend the time to file Appellee’s brief. WHEREFORE, PREMISES CONSIDERED, Appellee requests that the Court grant an extension of time to file his brief until January 22, 2016. Respectfully submitted, HAY, WITTENBURG, DAVIS, CALDWELL & BALE, L.L.P. P.O. Box 271 San Angelo, Texas 76902-0271 (325) 658-2728 (325) 655-2278 - Fax lwb@hwdcb.com By: /s/ Larry W. Bale LARRY W. BALE State Bar No. 01629830 ATTORNEYS FOR APPELLEE, BOB MIMS -2- CERTIFICATE OF CONFERENCE I hereby certify that I conferred with Paul J. Downey, counsel for Appellants, by telephone conference on December 21, 2015, in compliance with TRAP 10.1(a)(5), and he is not opposed to this request for an extension of time to file Appellee’s brief. /s/ Larry W. Bale LARRY W. BALE CERTIFICATE OF WORD COUNT I certify that this document contains 163 words, determined in the manner required by TRAP 9.4. CERTIFICATE OF SERVICE I hereby certify that on December 21, 2015, I served to Paul J. Downey at courtdocuments@mosserlaw.com a copy of Appellee’s Motion to Extend Time to File Brief. /s/ Larry W. Bale LARRY W. BALE -3-