ACCEPTED
03-17-00340-CV
21306795
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/14/2017 4:44 PM
JEFFREY D. KYLE
CLERK
No. 03-17-00340-CV
FILED IN
In the Third Court of Appeals 3rd COURT OF APPEALS
AUSTIN, TEXAS
Austin, Texas 12/14/2017 4:44:49 PM
JEFFREY D. KYLE
Clerk
CHARLES D. COLLIER,
Appellant
V.
RANDY MOE,
Appellee
APPEAL FROM CAUSE NO. 13-0192-C26
26TH DISTRICT COURT OF WILLIAMSON COUNTY, TEXAS
HON. DONNA KING, PRESIDING
UNOPPOSED SECOND MOTION FOR EXTENSION OF TIME TO FILE
APPELLEE’S BRIEF
TO THE HONORABLE THIRD COURT OF APPEALS:
Appellee Randy Moe files this unopposed second motion requesting a 30-
day extension of time for filing his brief in this appeal. Appellee respectfully
shows:
1. Appellee’s brief is currently due on December 20, 2017.
2. Appellee requests a 30-day extension of time, or until January 19,
2018, for filing his brief. Appellee has requested one previous extension. And,
Appellant Charles D. Collier does not oppose Appellee’s requested extension.
3. The undersigned counsel is solely responsible for preparing
Appellee’s brief. Counsel needs additional time to review the record, conduct the
necessary research, and prepare a brief that will assist the Court in resolving this
appeal. Counsel is also leaving his current firm at the end of the month and
establishing his own practice during the holiday season.
4. The demands of other cases have further made this motion necessary.
Specifically, the undersigned has been occupied with or is managing conflicting
deadlines for the following matters:
• Preparing a motion to dismiss to be filed in No. D-1-GN-07-002493
before the 419th Judicial District Court in Travis County, Texas,
Christopher Tovar d/b/a Tovar Construction Company and Bannum,
Inc. v. Eugene Mees d/b/a Encore House; and
• Preparing for argument and arguing a case in No. 17-40016 before the
United States Court of Appeals for the Fifth Circuit, Julia Ann Flores
v. United States of America.
5. This case has not been set for submission. Therefore, no unnecessary
delay will result from the granting of this extension.
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CONCLUSION AND PRAYER
For these reasons, Appellee respectfully asks the Court to grant this
unopposed motion for extension of time, thus making his brief due on January 19,
2018. Appellee requests all other appropriate relief to which he is entitled.
Respectfully submitted,
SMITH LAW GROUP LLLP
/s/ Maitreya Tomlinson
Maitreya Tomlinson
State Bar No. 24070751
1250 Capital of Texas Highway South
Three Cielo Center, Suite 601
Austin, TX 78746
(512) 439-3230
(800) 886-3076 (fax)
maitreya@appealsplus.com
Appellate Counsel for Appellee
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CERTIFICATE OF CONFERENCE
I certify that I conferred with Appellant’s lead counsel, Christopher D.
Osborn. Appellant does not oppose the relief requested in this motion.
/s/ Maitreya Tomlinson
Maitreya Tomlinson
CERTIFICATE OF SERVICE
On December 14, 2017, in compliance with Texas Rule of Appellate
Procedure 9.5, I served a true and correct copy of the foregoing document by e-
service, e-mail, facsimile, or mail to:
Christopher D. Osborn
OSBORN LAW FIRM, P.C.
1019 Cecelia Street
Taylor, Texas 76574
E-Mail: chris@osbornpc.com
Counsel for Appellant
/s/ Maitreya Tomlinson
Maitreya Tomlinson
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