Christopher Jaroszewicz v. Texas Department of Public Safety

Opinion

ACCEPTED 03-15-00340-CV 6965978 THIRD COURT OF APPEALS AUSTIN, TEXAS 9/18/2015 3:27:08 PM JEFFREY D. KYLE 03 CLERK CAUSE NO. 01-15-00340-CV

IN THE COURT OF APPEALS FILED IN 3rd COURT OF APPEALS FOR THE AUSTIN, TEXAS THIRD JUDICIAL DISTRICT OF TEXAS9/18/2015 3:27:08 PM AUSTIN, TEXAS JEFFREY D. KYLE Clerk ______________________________________________________________________

CHRISTOPHER JAROSZEWICZ, APPELLANT

VS.

TEXAS DEPARTMENT OF PUBLIC SAFETY, APPELLEE ______________________________________________________________________

ON APPEAL FROM THE COUNTY COURT AT LAW NO. TWO TRAVIS COUNTY, TEXAS TRIAL COURT NO. C-1-CV-15-001468

SECOND MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF _________________________________________________________________

KEVIN FINE State Bar No. 00790682 P.O. Box 312 Boerne, Texas 78006 512-593-1383/Hill Country (ofc) 713-299-1923/Houston (cell) 888-803-8721 kfine@kevinfinelaw.com

ATTORNEY FOR APPELLANT TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:

COMES NOW, Christopher Jaroszcewicz, Appellant in the above-styled and

numbered cause and, pursuant to TEX. R. APP. P. 10.5(b) and 38.6(d), files this

Second Motion to Extend Time to File Appellant's Brief, and with respect thereto,

would show the Court the following:

Appellant's Brief is currently due on September 16, 2015.

Counsel for Appellant requests a 30 day extension of time to file Appellant’s

Brief making the brief due on September 16, 2015. This is Appellant’s second

request for extension of time to file the opening brief.

Counsel for Appellant relies on the following reasons, in addition to the

routine matters that counsel must attend to in daily practice, to explain the need for

the requested extension.

Counsel has not received a copy of the Clerk’s file in this cause.

Additionally, counsel was hired on a federal case, within the last three weeks,

which originated out of the Western District of Illinois, and was then transferred to

the Western District of Texas. There have been two detention hearings in that

case, one in Chicago and the other in San Antonio. Counsel for Appellant seeks

this extension of time to be able to properly and thoroughly prepare Appellant’s

Brief. This request is not sought for delay, but so that justice may be done.

1 PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant prays the Court

grant this motion.

RESPECTFULLY SUBMITTED,

__/s/ Kevin Fine_______________ KEVIN FINE State Bar No. 00790682 P.O. Box 312 Boerne, Texas 78006 512-593-1383/Hill Country (ofc) 713-299-1923/Houston (cell) 888-803-8721 kfine@kevinfinelaw.com

ATTORNEY FOR APPELLANT

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above motion was provided to the Travis County Attorney’s Office via efiling on this the 16th day of September, 2015. ___/s/ Kevin Fine_____________ KEVIN FINE

CERTIFICATE OF CONFERENCE

I hereby certify that I made efforts to contact, but was unable to connect with opposing counsel, Mr. Kevin Givens, in order to confer with him concerning whether he has any objections to this motion.

SIGNED this the 18th day of August, 2015.

___/s/ Kevin Fine______________ KEVIN FINE