ACCEPTED
03-15-00438-CV
8426326
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/31/2015 3:33:21 PM
CAUSE NO. 03-15-00438-CV JEFFREY D. KYLE
CLERK
IN THE THIRD COURT OF APPEALS
FILED IN
AUSTIN, TEXAS 3rd COURT OF APPEALS
AUSTIN, TEXAS
12/31/2015 3:33:21 PM
JEFFREY D. KYLE
VINCENT WRENCHER, SR., Pro se Clerk
Appellant
v.
THE STATE OF TEXAS and
THE CITY OF AUSTIN,
Appellees.
MOTION FOR EXTENSION OF TIME TO FILE APPELLEE BRIEF
To the Honorable Court of Appeals:
Pursuant to the Texas Rule of Appellate Procedure 38.6(d), Appellee,
The State of Texas by and through The Travis County Attorney’s Office, its
attorney of record, files this motion for an order extending the time to file
Appellee’s appellate brief, and respectfully shows the court the following:
1. The deadline for filing Appellee’s appellate brief in this court is
December 30, 2015.
2. Appellee seeks an order extending the time for filing Appellee’s
appellate brief for 30 days, so that Appellee’s appellate brief would be
due for filing in this court on January 29, 2016.
3. Appellee requests this extension of time to file its appellate brief due to
the holidays and due to the fact the original attorney handling this case
for the Travis County Attorney’s Office is no longer in this division.
4. This court has granted no previous extensions regarding the Appellee
filing its brief. The State of Texas’ co-Appellee, the City of Austin, has
also filed a motion for extension of time to file its’ appellee brief.
5. The extension of time requested will not prejudice or inconvenience
appellant in any manner, nor will the time for submission of this case be
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extended by granting an extension of time in which to file Appellee’s
brief.
Prayer for Relief
Therefore, Appellee respectfully requests that the court issue an order
extending the time for filing the Appellee’s brief in the above case to
January 29, 2016.
Respectfully submitted,
DAVID A. ESCAMILLA
County Attorney, Travis County
P. O. Box 1748
Austin, Texas 78767
Telephone: (512) 854-9513
Facsimile: (512) 854-4808
By: /s/ Annalynn Cox
Annalynn Cox
State Bar No. 24001317
ATTORNEYS FOR
THE STATE OF TEXAS
CERTIFICATE OF CONFERENCE
Pursuant to Texas Rules of Appellate Procedure 10.1(a)(5), I certify
that I conferred with counsel for the City of Austin who indicated that they
did not oppose this motion. I further certify that I made an attempt to confer
with Appellant about this motion, and that counsel for the City of Austin
was able to confer with Appellant, and that Appellant did not oppose this
motion.
/s/ Annalynn Cox
Annalynn Cox
Assistant County Attorney
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Motion
for Extension of Time to File Appellee Brief has been sent in accordance
with the Texas Rules of Appellate Procedure, via electronic delivery and/or
certified mail return receipt requested on December 30, 2015 as follows:
Via Electronic Delivery
Mr. Jeffrey D. Kyle
Third Court of Appeals
209 West 14th Street, Room 101
Austin, Texas 78701
Mr. Kenneth Conyer
City of Austin Law Department
P.O. Box 2135
Austin, Texas 78768
kenneth.conyer@austintexas.gov
Via CMRRR # 70101060000109099467 and via electronic delivery
Mr. Vincent Wrencher, Sr.
1117 Briargate
Austin, Texas 78753
vwrencher@yahoo.com
/s/ Annalynn Cox
Annalynn Cox
Assistant County Attorney
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CAUSE NO. 03-15-00438-CV
IN THE THIRD COURT OF APPEALS
AUSTIN, TEXAS
VINCENT WRENCHER, SR., Pro se
Appellant
v.
THE STATE OF TEXAS and
THE CITY OF AUSTIN,
Appellees.
ORDER EXTENDING TIME FOR FILING APPELLEE’S
APPELLATE BRIEF
The motion of Appellee the State of Texas, seeking an extension of
time for filing its appellate brief in this appeal, was considered by this court
on .
The court having examined the records, heard argument of counsel,
and considered this motion, it appears to the court that the motion should be
GRANTED.
It is therefore ordered that Appellees be permitted to file a brief no
later than January 29, 2016.
It is so ordered.
Signed and entered on .
Presiding Judge
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