ACCEPTED
06-17-00091-CV
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
12/4/2017 12:00 AM
DEBBIE AUTREY
CLERK
In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana FILED IN
6th COURT OF APPEALS
TEXARKANA, TEXAS
12/4/2017 8:49:00 AM
DEBBIE AUTREY
No. 06-17-00091-CV Clerk
KENNETH CRAIG MILLER, Appellant
v.
GREGG COUNTY, TEXAS, Appellee
____________________________________________________________________
On Appeal from the County Court at Law No. 2 of Gregg County, Texas
Trial Court Cause No. 2017-703-CCL2
____________________________________________________________________
Before the Honorable Joe D. Clayton (Senior State District Judge), Judge Presiding
____________________________________________________________________
APPELLANT KENNETH CRAIG MILLER’S UNOPPOSED SECOND MOTION
FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF
____________________________________________________________________
ANDREW R. KORN
State Bar of Texas Identification No. 11683150
THE KORN DIAZ FIRM
4221 Avondale Avenue
Dallas, Texas 75219
(214) 521-8800 (Telephone)
(214) 521-8821 (Fax)
akorn@kbdtexas.com (Email address)
ATTORNEY FOR APPELLANT
KENNETH CRAIG MILLER
Pursuant to TEX. R. APP. P. 10.5(b), Appellant Kenneth Craig Miller
(“Appellant”) asks the Court for an extension of time to file his Appellant’s Brief
(“Brief”).
1. TEX. R. APP. P. 10.5(b)(1)(A): The deadline for filing the Brief was
November 30, 2017.
2. TEX. R. APP. P. 10.5(b)(1)(B): The length of the extension sought is
one day so that the new filing deadline would be December 1, 2017.
3. TEX. R. APP. P. 10.5(b)(1)(C): Additional time is requested by
Appellant because Appellant e-filed his brief less than hour after midnight on
November 30, 2017. The undersigned had the Brief ready to be filed on the evening
of November 30, 2017 – at least to the point where he allowed his assistant to leave
to attend class (at SMU Law School’s evening program). The undersigned’s assistant
returned to the office after class and proceeded to edit and complete the Brief and
Appendix. The assistant did finish her portion before midnight, but due to the need
for further revision of that version of the Brief, the undersigned could not get his
final revision completed and in e-mail ready form before midnight. At that point, the
undersigned went outside, took a few minute breather, attempted to ignore the dark
thoughts racing through his mind, prayed, and returned to his desk. Where the
undersigned took a deep breath, said a brief prayer, and finished up his final proof.
The undersigned’s assistant then completed the edits, re-saved the final version of
the Brief to .pdf format, and e-filed the Brief at 12:49 a.m.
Page 2
4. TEX. R. APP. P. 10.5(b)(1)(D): There was one previous extension
granted for 15 days.
REQUEST FOR RELIEF SOUGHT
For these reasons, Appellant requests that the Court sign an order:
• extending the time for filing Appellant’s Brief up to and including
December 1, 2017; or alternatively
• deeming the Appellant’s Brief e-filed at 12/1/2017 12:49 AM CST
(Envelope Number: 21011879) timely filed.
Respectfully submitted,
By:
Andrew R. Korn
State Bar of Texas Identification No. 11683150
THE KORN DIAZ FIRM
4221 Avondale Avenue
Dallas, Texas 75219
(214) 521-8800 (Telephone)
(214) 521-8821 (Fax)
akorn@kbdtexas.com (Email address)
ATTORNEY FOR APPELLANT
KENNETH CRAIG MILLER
CERTIFICATE OF CONFERENCE
In accordance with TEX. R. APP. P. 10.1(a)(5), Counsel for Appellant certifies
that on December 2, 2017, Counsel for Appellee, stated in writing that Appellee does
not oppose the extension sought herein.
By:
ANDREW R. KORN
Page 3
CERTIFICATE OF SERVICE
This instrument was served on December 2, 2017, in compliance with TEX.
R. APP. P. 9.5(b)(1) as follows:
Robert S. Davis, Esq. Via ECF
FLOWERS, DAVIS, P.L.L.C.
1021 ESE Loop 323, Suite 200
Tyler, Texas 75701
By:
Andrew R. Korn
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