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

Opinion

ACCEPTED 03-15-00365-CV 7255841 THIRD COURT OF APPEALS AUSTIN, TEXAS 10/6/2015 3:55:37 PM 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 10/6/2015 3:55:37 PM 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’ SECOND 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

APPELLANTS’ MOTION TO EXTEND TIME Page 1 of 4 TEX. R. APP. P. 38.6(d).

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 October 8, 2015

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

extending the time until Monday, November 9, 2015.

7. One extension has been granted to extend the time to file the

Appellants’ Brief.

8. In addition to working on this appeal, Counsel for Appellants has

been handling a very busy litigation schedule in the thirty days since

the court granted its previous extension. Counsel has engaged in

significant settlement, discovery, hearing, and trial preparation work.

9. Additionally, Counsel for Appellants believes that the unique

positions on the law that undergird this case, positions for which the

Supreme Court has requested briefing on the merits prior to granting

a Petition for Review, warrant additional research to ensure that all

matters are fully and adequately briefed for this court. See Wood v.

HSBC et al., 439 S.W.3d 585 (Tex.App.–Houston [14th Dist] 2014,

APPELLANTS’ MOTION TO EXTEND TIME Page 2 of 4 pet. filed), briefing requested, No.14-0714 (Tex. Feb. 27, 2015).

10. Thus, this motion is not filed for the purpose of delay, but to allow

counsel adequate time to prepare the brief on the merits.

CONCLUSION

11. Appellant’s busy litigation schedule, coupled with the Supreme

Court’s pending decision to grant review in Wood v. HSBC and the

effect that decision may have on this appeal and the unique positions

presented here warrants an additional extension of time.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellants ask the Court to

grant an extension of time to file their brief until Monday, November 9,

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

APPELLANTS’ MOTION TO EXTEND TIME Page 3 of 4 CERTIFICATE OF CONFERENCE

I hereby certify that I have conferred with Larry W. Bale, Counsel for Appellee, by telephone on October 6, 2015 in accordance with TEX. R. CIV. P. 10.5(a)(5), and he remains opposed to any extensions in this case.

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

CERTIFICATE OF SERVICE

I hereby certify that on October 6, 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

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