James Richardson v. Maria Torres

Opinion

ACCEPTED 03-14-00341-CV 3653153 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/5/2015 3:24:56 PM JEFFREY D. KYLE CLERK No. 03-14-00341-CV

FILED IN In the Third Court of Appeals 3rd COURT OF APPEALS AUSTIN, TEXAS 1/5/2015 3:24:56 PM JEFFREY D. KYLE James Richardson Clerk Appellant,

v.

Maria Torres, et al. Appellees

Appeal from Cause No. C-1-CV-13-009448 County Court No. 2, Travis County, Texas Hon. David Phillips

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

KING LAW GROUP, P.L.L.C. Mary Ellen King Texas State Bar No. 24067219 meking@kinglitigationgroup.com Richard C. King Jr. Texas State Bar No. 24007491 rking@kinglitigationgroup.com 28515 Ranch Road 12 Dripping Springs, Texas 78620 512.263.8212 (phone) 512.900.2918 (fax)

Counsel for Appellant, James Richardson Comes now Appellant James Richardson, pursuant to Texas Rules of Civil

Procedure 10.5(b)(1), and requests additional time to file his Appellant’s Reply

Brief. In support of this motion, Richardson states as follows:

1. The Notice of Appeal of this matter was filed in the 3rd Court of Appeals

(the “Court”) on May 28, 2014;

2. Appellant filed the Docketing Statement with the Court on June 6, 2014;

3. Appellant immediately requested the Reporter’s Record and the Clerk’s

Record from County Court No. 2 in Travis County, Texas.

4. The Reporter’s Record, and the Supplemental Reporter’s Record, were

filed with the Court on June 11, 2014, and June 18, 2014, respectively.

5. The Clerk’s Record was filed with the Court on June 24, 2014.

6. The Supplemental Clerk’s Record was filed September 2, 2014.

7. The Appellant filed its brief on September 26, 2014.

8. The Appellee filed its brief on December 18, 2014.

9. The due date of Appellant’s Reply Brief is January 7, 2015, which is the

current deadline for the filing of that brief, and for which the Appellant

seeks this extension;

10.Appellant requests an extension to file Appellant’s Reply Brief, up to and

including January 23, 2015;

11.The requested extension is unopposed; 12.In support of this Motion, Appellant states that the additional time is

sought for the purpose of allowing counsel adequate time to prepare the

brief; further, that Appellant counsel’s office is a small law office with an

active litigation and trial practice, and that the prior obligations of

counsel to trial, discovery and other matters, as well as previously-

planned vacations and the extension of time granted to Appellee’s

counsel for the filing of the appellee brief, necessitate the additional time

requested herein; and, further, that the extension requested herein is not

intended to cause undue delay, prejudice or unnecessary hardship on any

party; and,

13.Appellant has not requested, and has not been granted, any previous

extensions of time for the filing of his Appellant’s Reply Brief.

WHEREFORE, Appellant requests an extension up to and including January

23, 2015, to file Appellant’s Reply Brief. Dated this 5th day of January 2015.

Respectfully submitted,

KING LAW GROUP, PLLC

/s/ Richard C. King Jr. Mary Ellen King Texas State Bar No. 24067219 meking@kinglitigationgroup.com Richard C. King Jr. Texas State Bar No. 24007491 rking@kinglitigationgroup.com 28515 Ranch Road 12 Dripping Springs, Texas 78620 512.263.8212 (phone) 512.900.2918 (fax)

Attorneys for Appellant James Richardson

CERTIFICATE OF CONFERENCE

Counsel for Appellant hereby represents to the Court that he conferred with

Appellee’s counsel via telephone on December 28, 2014 and again on January 5,

2015, regarding the extension requested in this motion, and counsel for Appellee

agreed with and consented to such extension. CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the following instrument

has been served to opposing counsel via facsimile on this the 5th day of January,

2015.

Jesus Tirrez THE LAW OFFICE OF JESUS TIRREZ & ASSOCIATES 1301 South IH-35, Suite 307 Austin, Texas 78741

Attorneys for Appellees Maria Torres, et al.

/s/ Richard C. King Jr. Richard C. King Jr.