James Richardson v. Maria Torres

Opinion

ACCEPTED 03-14-00341-CV 3986001 THIRD COURT OF APPEALS AUSTIN, TEXAS 2/2/2015 2:20:55 PM JEFFREY D. KYLE CLERK No. 03-14-00341-CV _____________________________________________________________ FILED IN 3rd COURT OF APPEALS In the Third Court of Appeals AUSTIN, TEXAS _____________________________________________________________ 2/2/2015 2:20:55 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 THIRD UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S REPLY BRIEF _____________________________________________________________

King Law Group, PLLC Mary Ellen King Texas State Bar No. 24067219 Richard C. King Jr. Texas State Bar No. 24007491 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 (“Richardson”), pursuant to Texas

Rules of Civil Procedure 10/5(b)(1), and requests additional time to file his 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 Report’s Record and the Clerk’s

Record from County Court No. 2 in Travis Count, 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 Record was checked out on June 30, 2104;

7. The District Clerk’s Supplemental Record was filed on September 2,

8. The Appellant’s Brief, oral argument not requested, was filed on

September 26, 2014;

9. The Appellee’s Brief, oral argument not requested, was filed December

18, 2014’ 10. The Court calendared the due date of Appellant’s Rely Brief for January

7, 2015;

11. Appellant requested and was granted an additional fifteen days to file

Appellant’s Reply Brief, up to and including January 23, 2014;

12. Appellant requested and was granted another 15-day extension to file

its rely brief, up to and including February 6, 2015;

13. This third requested extension is unopposed and is necessary due to

medical issues concerning Appellant’s counsel;

14. Lead counsel had a due date of February 9, 2015 but had unexpected

complications over the past weekend requiring baby to be taken via C-section;

15. Co-lead counsel is the husband of lead counsel;

16. Appellant counsel suffered a serious physical injury last week that

required surgery;

17. The extension requested herein is not intended to cause undue delay,

prejudice or unnecessary hardship on any party; and

18. Appellant has previously requested and was granted two 15-day

extensions to file its rely brief.

WHEREFORE, Appellant requests an additional 21 days, up to and including

February 27, 2015, to file Appellant’s Reply Brief.

Dated this 30th day of January 2015. Respectfully submitted

KING LAW GROUP, PLLC

/.s/ Mary Ellen King 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

Counsel for Appellant, James Richardson

CERTIFICATE OF CONFERENCE

Counsel for Appellant hereby represents to the Court that we have conferred

with counsel for Appellee regarding the extension requested and he has no objection

to the requested 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 30th day of January, 2015.

Jesus Tirrez The Law Office of Jesus Tirrez & Associates 1301 South IH-35, Suite 307 Austin, Texas 78741 Phone (512) 326.1330 Facsimile (512) 275.0075 tirrez@mail.com

Attorneys for Appellees, Maria Torres, et al

/.s/ Mary Ellen King Mary Ellen King