David Rogers v. Gregorio "Greg" Casar

Opinion

ACCEPTED

03-15-00505-CV

14602879

THIRD COURT OF APPEALS

AUSTIN, TEXAS

1/6/2017 12:10:29 PM

JEFFREY D. KYLE

CLERK

NO. 03-15-00505-CV

IN THE COURT OF APPEALS FILED IN FOR THE THIRD SUPREME JUDICIAL DISTRICT3rd COURT OF APPEALS AUSTIN, TEXAS

AT AUSTIN 1/6/2017 12:10:29 PM

____________________________________________________________

JEFFREY D. KYLE

Clerk

DAVID ROGERS,

APPELLANT

VS.

GREGORIO “GREG” CASAR,

APPELLEE

____________________________________________________________

Unopposed First Amended Motion for Extension of Time for filing of Motion for Reconsideration or Motion for Reconsideration En Banc, or both.

TO THE HONORABLE COURT OF APPEALS:

Now comes David Rogers, Appellant and files this Unopposed Motion for

Extension of Time for filing of Motion for Reconsideration or Motion for

Reconsideration En Banc, or both, and respectfully states:

1. The Court issued its decision on December 23, 2016 in this case,

consolidated with 3-15-00368-CV, Pressley v. Casar.

2. Rogers wishes to file a Motion for Reconsideration or Motion for

Reconsideration En Banc, but the appellate attorney whom Rogers proposes to

engage for this task has been on vacation since before the court issued its decision,

and will not return until next week. In view of the congested holiday calendar and the absence of prospective appellate counsel, Rogers seeks an extension of time to

file either a Motion for Reconsideration or Motion for Reconsideration En Banc, or

both.

3. Rogers has conferred with counsel for Casar, and is informed that they

are unopposed to the motion for extension of time.

PRAYER

For these reasons, David Rogers, Appellant, requests that this court grant the

motion for extension of time for an additional thirty days to file a Motion for

Reconsideration or Motion for Reconsideration En Banc, or both.

Respectfully Submitted,

_/s/David Rogers____________ David Rogers Law Office of David Rogers SBN: 24014089 595 Round Rock West Drive, Suite #101 Round Rock, Texas 78681 (512) 923-1836 PHONE (512) 201-4082 FAX Firm@DARogersLaw.com

Pro Se

Rogers Unopposed 1st Amended Mot for Extension of Time for filing of Mot for Rehearing p. 2

CERTIFICATE OF CONFERENCE

This is to certify that I have conferred with the following counsel for opposing party Gregorio “Greg” Casar, and co-appellant Laura Pressley, on the 5th day of January, 2017, and have been informed that they are not opposed to the granting of this motion.

Kurt Kuhn State Bar No. 24002433 KUHN HOBBS PLLC 3307 Northland Drive, # 310 Austin, Texas 78731 (512) 476-6000 Telephone (512) 476-6002 Facsimile Kurt@KuhnHobbs.com

ATTORNEY FOR APPELLEE GREGORIO "GREG" CASAR

Anna Eby 302 N. Lampasas Street Round Rock, Texas 78664 (512) 410-0302 Telephone eby@ebylawfirm.com ATTORNEY FOR LAURA PRESSLEY

_/s/David Rogers____________ David Rogers Law Office of David Rogers SBN: 24014089 595 Round Rock West Drive, Suite #101 Round Rock, Texas 78681 (512) 923-1836 PHONE (512) 201-4082 FAX Firm@DARogersLaw.com

Pro Se

Rogers Unopposed 1st Amended Mot for Extension of Time for filing of Mot for Rehearing p. 3

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the above and foregoing has been served by efile to the following persons on this 6th day of January, 2017.

Kurt Kuhn State Bar No. 24002433 KUHN HOBBS PLLC 3307 Northland Drive, # 310 Austin, Texas 78731 (512) 476-6000 Telephone (512) 476-6002 Facsimile Kurt@KuhnHobbs.com

Charles 'Chuck' Herring Jr. State Bar No. 09534100 Herring & Irwin, L.L.P. 1411 West Avenue, Ste 100 Austin, TX 78701 (512) 320-0665 Telephone (512) 519-7580 Facsimile cherring@herring-irwin.com

ATTORNEYS FOR APPELLEE GREGORIO "GREG" CASAR

Anna Eby 302 N. Lampasas Street Round Rock, Texas 78664 (512) 410-0302 Telephone eby@ebylawfirm.com ATTORNEY FOR LAURA PRESSLEY

_/s/David Rogers____________ David Rogers Law Office of David Rogers SBN: 24014089

Rogers Unopposed 1st Amended Mot for Extension of Time for filing of Mot for Rehearing p. 4 595 Round Rock West Drive, Suite #101 Round Rock, Texas 78681 (512) 923-1836 PHONE (512) 201-4082 FAX Firm@DARogersLaw.com

Pro Se

Rogers Unopposed 1st Amended Mot for Extension of Time for filing of Mot for Rehearing p. 5