Gerald Kostecka v. Smokey Mo's Franchise, LLC D/B/A Smokey Mo's BBQ

Opinion

ACCEPTED 03-15-00295-CV 6339562 THIRD COURT OF APPEALS AUSTIN, TEXAS 8/4/2015 7:40:44 AM JEFFREY D. KYLE CLERK DOCKET NO. 3-15-00295-CV GERALD KOSTECKA § THIRD COURT OF FILED IN § APPEALS3rd COURT OF APPEALS AUSTIN, TEXAS § 8/4/2015 7:40:44 AM V. § JEFFREY D. KYLE Clerk § SMOKEY MO'S FRANCHISE, § LLC D/B/A SMOKEY MO'S BBQ AUSTIN, TEXAS

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

COMES NOW, Appellant Gerald Kostecka, and pursuant to the

Texas Rules of Appellate Procedure 38.6(d) and 10.5(b), files this

Second Agreed Motion for Extension of Time to File Appellate Brief,

and in support thereof would show as follows:

I.

Appellant’s brief in this case was originally due July 15, 2015.

Appellant was granted a 21-day extension of time to file the brief until

August 5, 2015. This extension was agreed to by Appellee. Appellant is

now seeking an additional seven-day extension until August 12, 2015.

Appellee agrees that Appellant should be granted this additional 7-day extension of time to file his brief. This is the second request for an

extension of time to file his brief made by Appellant, both of which have

been agreed to by Appellee. Appellant does not anticipate the need to

request additional time to file his brief after this request.

II.

Appellant’s counsel has had a very busy schedule this summer and

has continued to have a very full docket for the past few weeks.

Appellant’s counsel is also a trial attorney and has a number of cases

pending before Travis County, Hays County and Williamson County

courts, as well as before courts of other counties in Texas. In addition,

Appellant’s counsel has recently gone through a divorce proceeding in

Travis County and has substantial responsibilities relating to his 11 and

13 year old sons this summer. Inasmuch as his former spouse has less

flexibility in her job than Appellant’s counsel, the undersigned counsel

has taken on a large role in meeting the needs of his children this

summer. Also, Appellant’s counsel has an 86-year old mother living in

Central Texas who is ill and needs substantial time and attention, which

only the undersigned counsel is situated to provide. Further, the undersigned counsel’s life-long friend and cousin has sustained severe

injuries and has needed the undersigned counsel’s care and attention.

The undersigned counsel has provided the same.

III.

This Motion is not filed for delay only, but so that justice may be

done. The undersigned counsel has personal knowledge of the facts set

forth in this Motion. Appellant respectfully requests that this Court

extend the deadline for filing Appellant’s brief until August 12, 2015.

WHEREFORE, PREMISES CONSIDERED, Appellant Gerald

Kostecka respectfully requests that this Court grant his Second Agreed

Motion for Extension of Time to File Appellant’s Brief, and requests

that the Court grant such further and other relief to which Appellant may

be entitled. Respectfully submitted,

LAW OFFICE OF STUART WHITLOW

By: /s/ Stuart Whitlow__________ Stuart Whitlow Texas Bar No.: 21378050 1104 S. Mays, Suite 116 Round Rock, Texas 78664 Tel. (737) 346-1839 Fax (512) 218-9235 Email stuartrtwhitlowlaw@yahoo.com Attorney for Appellant

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the above and foregoing legal instrument was served upon Robert House, Clark & Trevino, 1701 Directors Boulevard, Suite 920, Austin, Texas 78744, in accordance with the Texas Rules of Civil Procedure on the 4th day of August, 2015. _/s/Stuart Whitlow_________________ Stuart Whitlow

CERTIFICATE OF CONFERENCE

This is to certify that Stuart Whitlow, counsel for Appellant Gerald Kostecka conferred with counsel for Appellee and said counsel agreed that Appellant should be granted an extension of one additional week to file his appellate brief.

_/s/Stuart Whitlow________ Stuart Whitlow