Austin Independent School District v. Andrew Lofters

• Court: Court of Appeals of Texas
• Decided: April 14, 2015
• Docket: 03-14-00071-CV
• Status: Published

Opinion

ACCEPTED 03-14-00071-CV 4881151 THIRD COURT OF APPEALS AUSTIN, TEXAS 4/14/2015 12:10:43 PM JEFFREY D. KYLE CLERK No. 03-14-00071-CV

Austin Independent School District, § IN THE THIRD FILED IN 3rd COURT OF APPEALS Appellant, § AUSTIN, TEXAS 4/14/2015 12:10:43 PM § JEFFREY D. KYLE v. § COURT OF Clerk APPEALS § Andrew Lofters, § Appellee. § AUSTIN, TEXAS

APPELLEE’S UNOPPOSED MOTION TO EXTEND TIME TO FILE FOR MOTION FOR REHEARING ________________________________________________________________

Appellee, Andrew Lofters, asks the Court to extend the time to file the motion

for rehearing.

A. Introduction

1. Appellant is Austin Independent School District; Appellee is Andrew Lofters.

2. This motion is filed within the 15-day period to file a motion to extend the

time to file a motion for rehearing, as required by Texas Rule of Appellate

Procedure 49.8.

3. The parties have agreed to this motion.

1 B. Argument & Authorities

4. The Court has the authority under Rule 49.8 to extend the time for a party to

file a motion for rehearing.

5. Appellee’s motion for rehearing is due on April 16, 2015.

6. Appellee requests an additional 12 days to file the motion for rehearing,

extending the time until April 28, 2015.

7. No extension has been granted to extend the time to file the motion for rehearing.

8. Appellee needs additional time to file the motion for rehearing because

Appellee’s counsel has an unusual heavy docket schedule. Appellee’s request to

extend time is for good cause and is not intended to delay these proceedings.

C. Conclusion/Prayer

9. For these reasons, Appellee asks the Court to grant an extension of time to

file the motion for rehearing until April 28, 2015.

Respectfully submitted,

Potter Bledsoe, LLP

___/s/ Gary L. Bledsoe___ Gary L. Bledsoe State Bar No. 02476500 garybledsoe@sbcglobal.net

2 Harry G. Potter III State Bar No. 16175300 hpotter@potterbledsoe.com 316 West 12th Street, Suite 307 Austin, Texas 78701 Tel: (512) 322-9992 Fax: (512) 322-0840 Attorneys for Andrew Lofters

CERTIFICATE OF CONFERENCE

I certify that my office has conferred with Jonathan G. Bush by telephone, and

he has agreed and is unopposed to Appellee’s motion to extend time to file for

motion for rehearing until April 28, 2015.

___/s/ Gary L. Bledsoe___ Gary L. Bledsoe

3 CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing document was served

on counsel for Austin Independent School District today, April 14, 2015, through

the court's electronic filing system and by email to the following addresses:

Jonathan G. Brush jbrush@rmgllp.com Richard A. Morris rmorris@rmgllp.com Rogers, Morris & Grover, L.L.P. 5718 Westheimer, Suite 1200 Houston, Texas 77057 Tel: (713) 960-6000 Fax: (713) 960-6025 Attorneys for Austin Independent School District