ACCEPTED
03-15-00590-CV
7416312
THIRD COURT OF APPEALS
AUSTIN, TEXAS
10/16/2015 3:16:04 PM
JEFFREY D. KYLE
CLERK
_______________________________________________________________________
No.
03-‐15-‐00590-‐CV
FILED IN
_______________________________________________________________________
3rd COURT OF APPEALS
AUSTIN, TEXAS
IN
THE
COURT
OF
APPEALS
10/16/2015 3:16:04 PM
THIRD
JUDICIAL
DISTRICT
OF
TEXAS
JEFFREY D. KYLE
AT
AUSTIN,
TEXAS
Clerk
______________________________________________________________________
STEVEN
WEBB
D/B/A
LEANDER
TRUX-‐N-‐KARZ
Appellant,
VS.
GLENCO
UPSHAW
Appellee.
_____________________________________________________________________
On
Appeal
from
the
368th
District
Court
of
Williamson
County,
Texas
Hon.
Rick
Kennon,
Judge
Presiding
Trial
Court
Case
No.
11-‐613-‐C368
_____________________________________________________________________
APPELLANT’S
FIRST
MOTION
FOR
EXTENSION
OF
TIME
_____________________________________________________________________
N.
West
Short
State
Bar
No.
00788407
WEST
SHORT
&
ASSOCIATES,
P.C.
313
West
10th
Street
Georgetown,
Texas
78626
512.864.3911
512.864.3966
(Fax)
ATTORNEYS
FOR
APPELLANT
STEVEN
WEBB
D/B/A
LEANDER
TRUX-‐N-‐KARZ
APPELLANT’S
FIRST
MOTION
FOR
EXTENSION
OF
TIME
Steven
Webb,
misnamed
herein
as
“Steven
Webb
d/b/a
Leander
Trux-‐N-‐
Karz,”
Appellant,
respectfully
asks
the
Court
to
extend
the
time
to
file
his
brief,
and
in
support
hereof,
would
show
the
following:
A.
Introduction
1.
Appellant
Steven
Webb
is
an
individual,
and
is
one
of
the
owners
of
a
used
car
dealership
in
Leander,
Texas,
called
“Leander
Trux-‐N-‐Karz,
Inc.”
2.
The
trial
court
entered
a
post-‐answer
summary
judgment
against
Appellant
by
default
on
September
10,
2015.
3.
Appellant
filed
a
pro
se
Notice
of
Appeal
and
a
Motion
for
New
Trial
on
September
15,
2015.
4.
Appellant,
through
the
undersigned
counsel,
then
filed
a
First
Amended
Motion
for
New
Trial
on
October
5,
2015,
contending
that
because
Appellant
was
not
aware
of
the
hearing
on
Appellee’s
Motion
for
Summary
Judgment,
he
should
be
granted
a
new
trial
under
the
Craddock
test
and
in
the
interests
of
justice.
5.
Appellant’s
First
Amended
Motion
for
New
Trial
is
currently
set
for
hearing
on
October
29,
2015,
and,
if
not
ruled
upon,
will
be
denied
by
operation
of
law
on
November
24,
2015.
B.
Arguments
and
Authorities
6.
Appellant’s
brief
is
currently
due
on
October
28,
2015.
7.
No
extension
has
been
previously
granted
to
extend
the
time
for
Appellant
to
file
his
brief.
APPELLANT’S
FIRST
MOTION
FOR
EXTENSION
OF
TIME
–
PAGE
2
of
4
8.
This
request
is
being
made
because
this
appeal
will
become
moot
if
the
trial
court
grants
Appellant’s
Motion
for
New
Trial,
and
because
even
if
Appellant’s
motion
is
denied
by
the
trial
court,
the
trial
court’s
actions
could
substantially
change
the
issues
in
this
appeal.
9.
Appellant
therefore
requests
an
additional
30
days
after
the
trial
court
has
ruled
on
the
Motion
for
New
Trial,
or
the
Motion
for
New
Trial
is
denied
by
operation
of
law,
whichever
is
earlier,
to
file
his
brief.
PRAYER
For
the
reasons
stated
above,
Appellant
respectfully
requests
an
extension
of
time
to
file
his
brief
until
thirty
(30)
days
after
the
trial
court
has
ruled
on
the
Motion
for
New
Trial
that
is
currently
before
it,
or
the
Motion
for
New
Trial
is
denied
by
operation
of
law,
whichever
is
earlier.
Respectfully
submitted,
WEST
SHORT
&
ASSOCIATES,
P.C.
By:
/s/
N.
West
Short
N.
West
Short
State
Bar
No.
00788407
Michael
Howell
State
Bar
No.
24009368
313
West
10th
Street
Georgetown,
TX
78626
512.864.3911
512.864.3966
(Fax)
west.short@westshortlawfirm.com
michael.howell@westshortlawfirm.com
ATTORNEYS
FOR
APPELLANT,
STEVEN
WEBB
APPELLANT’S
FIRST
MOTION
FOR
EXTENSION
OF
TIME
–
PAGE
3
of
4
CERTIFICATE
OF
CONFERENCE
I
certify
that
I
contacted
Cheryl
McGirr,
lead
counsel
for
Appellee,
on
October
16,
2015,
to
determine
whether
she
was
opposed
to
this
motion,
but
she
was
out
of
the
office
for
the
day
and
I
was
unable
to
speak
with
her.
/s/
N.
West
Short
N.
West
Short
CERTIFICATE
OF
SERVICE
I
certify
that
a
true
and
correct
copy
of
the
above
and
foregoing
has
been
e-‐
served
via
ProDoc
on
this
16th
day
of
October,
2015:
Cheryl
McGirr
McGirr
Law,
PC
201
S.
Lakeline
Blvd.,
Suite
301
Cedar
Park,
Texas
78613
COUNSEL
FOR
APPELLEE
/s/
N.
West
Short
N.
West
Short
APPELLANT’S
FIRST
MOTION
FOR
EXTENSION
OF
TIME
–
PAGE
4
of
4
Steven Webb, D/B/A Leander Trux-N-Karz v. Glenco Upshaw
Combined Opinion