Bernard Morello v. State

Opinion

ACCEPTED

03-15-000428-cv

6591984

THIRD COURT OF APPEALS

AUSTIN, TEXAS

8/20/2015 7:13:22 PM

JEFFREY D. KYLE

CLERK

CAUSE NO. 03-15-00428-CV

FILED IN

IN THE COURT OF APPEALS 3rd COURT OF APPEALS FOR THE THIRD DISTRICT OF TEXAS AUSTIN, TEXAS AT AUSTIN 8/20/2015 7:13:22 PM JEFFREY D. KYLE

Clerk

BERNARD MORELLO,

Appellant,

v.

THE STATE OF TEXAS,

Appellee.

On Appeal from Cause No. D-1-GV-06-000627 353rd judicial District Court, Austin, Texas The Honorable Rhonda Hurley

UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF

TO THE HONORABLE COURT OF APPEALS:

Comes now Bernard Morello, Appellant, and files this motion to extend the

deadline for filing Appellant’s Brief for 30 days, up to and including October 7, 2015. In

support thereof, Appellant would respectfully show the Court as follows:

1. Appellant’s brief is currently due for filing by September 7, 2014, and this

motion for extension of time is filed prior to said deadline.

2. By this motion, Appellant seeks a 30-day extension of time from the date

the brief was originally due, or October 7, 2015.

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3. Good cause exists for the extension. Although requested on August 14,

2015, Appellant’s counsel have yet to receive a copy of the reporter’s record in this case

and have thus been unable to begin review of the record in preparation of drafting

Appellant’s brief. In addition, counsel for Appellee circulated an email of August 13,

2015, advising that the clerk’s record in this matter is incomplete and excludes

approximately 100 pages of summary-judgment exhibits. For these reasons, Appellant

submits that good cause exists for the current extension.

Wherefore, premises considered, Appellant respectfully prays that this motion be

granted and that the deadline for filing his briefing be extended 30 days, up to and

including October 7, 2015. Appellant also prays for such other and further relief to

which he may be otherwise entitled.

Respectfully submitted,

LAPEZE & JOHNS, P.L.L.C.

By:___________________________ Keith W. Lapeze Texas Bar No. 24010176 Taylor L. Shipman Texas Bar No. 24079323 601 Sawyer Street, Suite 650 Houston, Texas 77007 Tel. (713) 739-1010 Fax. (713) 739-1015 keith@lapezejohns.com taylor@lapezejohns.com

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JURANEK LAW FIRM, PLLC

______________________

By: JAMES JURANEK State Bar No. 24026888 111 N. Ennis Houston, Texas 77003 (713) 229-0699 (888) 626-6596 (fax) james@jjfirm.com Counsel for Appellant

CERTIFICATE OF CONFERENCE

The undersigned contact Appellant’s counsel (Craig Pritzlaff) about the contents

of this motion and the relief requested. Mr. Pritzlaff advised that Appellee is unopposed

to the relief sought.

__________________________

James Juranek

CERTIFICATE OF SERVICE

I hereby certify that the foregoing motion was served on the following counsel for

Appellee State of Texas via e-filing on August 20, 2014:

Craig J. Pritzlaff Assistant Attorney General P.O. Box 12548, MC-066, Austin, TX 78711 512.320.0911 (Fax)

__________________________

James Juranek