James C. Mosser and Mosser Law PLLC v. Bob Mims

Opinion

ACCEPTED 03-15-00365-CV 6737256 THIRD COURT OF APPEALS AUSTIN, TEXAS 9/1/2015 9:24:00 AM JEFFREY D. KYLE CLERK No. 03-15-00365-CV

IN THE FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS THIRD JUDICIAL DISTRICT COURT OF APPEALS 9/1/2015 9:24:00 AM JEFFREY D. KYLE at AUSTIN, TEXAS Clerk

JAMES C. MOSSER and MOSSER LAW PLLC, Appellants

v.

BOB MIMS, Appellee

APPEALED FROM THE 340th JUDICIAL DISTRICT COURT TOM GREEN COUNTY, TEXAS

APPELLANTS’ MOTION TO EXTEND TIME TO FILE ORIGINAL BRIEF

COMES NOW, Appellants, James C. Mosser, and Mosser Law PLLC, and

files this their Motion to Extend Time to File Original Brief, and in support

thereof would show the following:

INTRODUCTION

1. Appellants are James C. Mosser, and Mosser Law, PLLC.

2. Appellee is Bob Mims.

3. There is no specific deadline to file this motion to extend time. See

TEX. R. APP. P. 38.6(d).

APPELLANTS’ MOTION TO EXTEND TIME Page 1 of 6 ARGUMENT & AUTHORITIES

4. The Court has authority under Texas Rule of Appellate Procedure

38.6(d) to extend the time to file a brief.

5. Appellants’ Brief is Due on September 8, 2015.

6. Appellants’ request an additional thirty days to file their brief,

extending the time until Thursday, October 8, 2015.

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

Appellants’ Brief.

8. Appellants filed a request to supplement the Clerk’s Record with the

District Clerk of Tom Green County on August 31, 2015. A copy of

that request is attached to this motion as “Exhibit A” and is

incorporated in haec verba.

9. Appellants need additional time to file its brief because the requested

Supplement to the Record is essential to the arguments that

Appellants intend to make in their brief.

10. Supplementation of the Record is permitted when relevant items

have been omitted from the clerk’s record. See TEX. R. CIV. P.

34.5(c)(1). Any supplemental clerk’s record will be part of the

appellate record. TEX. R. CIV. P. 34.5(c)(3).

APPELLANTS’ MOTION TO EXTEND TIME Page 2 of 6 11. In reviewing the documents included in the Clerk’s Record, Counsel

for Appellants realized that additional documents in the record would

be necessary to provide this Court with the most accurate record and

to more fully support the Appellants’ Arguments.

12. Appellants understand that this request to supplement is made one

week before the brief would otherwise have been due. However, an

appellate court must not refuse to file a supplemental clerk’s record

because of a failure to timely request items to be included in the

clerk’s record. TEX. R. CIV. P. 34.5(b)(4).

13. Thus, appellants request the additional time to review the

supplemental record and to incorporate the relevant portions of the

this supplemental record into their brief.

CONCLUSION

14. The Appellants request for a Supplemental Clerk’s Record indicates

a good faith belief that the Supplemental Record is necessary to the

record put before this court, such that Appellants require additional

time to review the record and to incorporate facts contained in the

record into their brief.

APPELLANTS’ MOTION TO EXTEND TIME Page 3 of 6 PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellants ask the Court to

grant an extension of time to file their brief until Thursday, October 8, 2015.

Respectfully Submitted, MOSSER LAW PLLC

/s/ Paul J. Downey James C. Mosser Texas Bar No. 00789784 Nicholas D. Mosser Texas Bar No. 24075405 Paul J. Downey Texas Bar No. 24080659 2805 Dallas Parkway, Suite 220 Plano, Texas 75093 Tel. (972) 733-3223 Fax. (469) 626-1073 courtdocuments@mosserlaw.com

CERTIFICATE OF CONFERENCE

I hereby certify that I have conferred with Larry W. Bale, Counsel for Appellee, by telephone on August 31, 2015 in accordance with TEX. R. CIV. P. 10.5(a)(5), and he is opposed to this motion.

/s/ Paul J. Downey Paul J. Downey.

APPELLANTS’ MOTION TO EXTEND TIME Page 4 of 6 CERTIFICATE OF SERVICE

I hereby certify that on September 1, 2015, I served a copy of Appellants’ Motion to Extend Time to File Original Brief on the party listed below by electronic service and that the electronic transmission was reported as complete. My email address is courtdocuments@mosserlaw.com

/s/ Paul J. Downey Paul J. Downey

Appellee Bob Mims, represented by Hay, Wittenburg, Davis, Caldwell & Bale, LLP Larry W. Bale Texas Bar No. 01629830 P.O. Box 271 San Angelo, Texas 76092 Tel. (325) 658-2728 lwb@hwdcb.com

APPELLANTS’ MOTION TO EXTEND TIME Page 5 of 6 EXHIBIT A: APPELLANT’S REQUEST FOR SUPPLEMENTAL CLERK’S RECORD Filed for Record 8/31/2015 6:29:13 PM Sheri Woodfin, District Clerk Tom Green County, Texas