Jeff Kaiser, P.C. and Jeffery Benedict Kaiser, A/K/A Jeffrey B. Kaiser v. State

• Court: Court of Appeals of Texas
• Decided: March 23, 2015
• Docket: 03-15-00019-CV
• Status: Published

Opinion

ACCEPTED 03-15-00019-CV 4611121 THIRD COURT OF APPEALS AUSTIN, TEXAS 3/23/2015 8:32:46 PM JEFFREY D. KYLE CLERK NO: 03-15-00019-CV

FILED IN 3rd COURT OF APPEALS IN THE THIRD DISTRICT COURT OF APPEALSAUSTIN, TEXAS AT AUSTIN, TEXAS 3/23/2015 8:32:46 PM JEFFREY D. KYLE Clerk JEFF KAISER, P.C. and JEFFERY BENEDICT KAISER a/k/a Jeffrey B. Kaiser, Appellants v. THE STATE OF TEXAS, Appellees

From the 98th Judicial District Court of Travis County, Texas Trial Court Cause No. D-1-GV-13-000790

APPELLANTS’ UNOPPOSED MOTION TO EXTEND TIME FOR FILING APPELLANTS’ BRIEF UNTIL ARPIL 8, 2015

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

Pursuant to Texas Rule of Appellate Procedure 26.3, Appellants Jeff

Kaiser, P.C. and Jeffery Benedict Kaiser, file this Unopposed Motion for

Extension of Time to File their Appellants’ Brief, which motion complies with

Rule 10.5(b), and in support thereof would respectfully show as follows:

1. This is an appeal from a final judgment in Cause No. D-1-GV-13-

000790; The State of Texas v. Jeff Kaiser, PC et al.; in the 98th Judicial District

Court of Travis County, Texas. 2. The trial court signed its final order on December 1, 2014.

3. Appellants filed a request for findings of fact and conclusions of

law on December 8, 2014.

4. Appellants filed their notice of appeal on January 8, 2015.

5. Appellants have filed their requests for the clerk’s record and

reporter’s record. The clerk’s record was filed with the Court on February 13,

2015, and the reporter’s record was filed with the Court on February 20, 2015.

The record is complete.

6. Appellants’ deadline to file their brief was set for Friday, March

20, 2015.

7. Appellants respectfully request that the Court of Appeals extend

time for Appellants to file their Appellants’ Brief until Wednesday, April 8,

2015.

8. This is Appellants’ first request for an extension of time for filing

Appellants’ Brief.

9. Appellants do not seek this extension for the purposes of delay. In

February and March 2015, Appellants’ counsel George May’s docket was

crowded with numerous matters including the following:

(1) A week long jury trial in Cause No. 12CV2786, Foster v. Wiggins, In the 10th Judicial District Court of Galveston County, Texas; (2) Motion to rehear due and filed in Cause No. 14-13-00638-CV,

2 Vincent Laday v. George Pedraza; In the 14th Court of Appeals at Houston, Texas; (3) Motion for New Trial due and filed in Cause No. 2013-41051, Cohen v. Preston Realty et al, In the 269th District Court of Harris County, Texas; (4) Motion for New Trial due and filed in Cause No. 2012-23146, DG Interests v. Jim-Daniels Nnah, In the 270th District Court of Harris County, Texas; (5) Mediation in Cause No. 2012-CI-07619, Eloise Castro et al v. Martin Garcia et al; in the 166th District Court of Bexar County, Texas; (6) Appellant’s Brief due and filed in Cause No. 07-14-00398-CV; Scott Theiring & Expelled Grain Products, LLC v. Corn Mill Enterprises, LLC; in the 7th Court of Appeals at Amarillo, Texas; (7) Depositions, summary judgment responses, and responses to written discovery requests in various cases; and (8) Trial preparation and jury trial in Cause No. W70150017; Wiggins v. Kelly; In Justice Court, Precinct One, Galveston County, Texas.

10. In addition to these professional demands, Appellants’ counsel’s

father-in-law suffered a stroke and counsel took time to attend to this family

emergency. Appellants’ counsel was unable to review the record and prepare a

brief to aid the Court by the current deadline due to the above referenced

matters.

11. Appellants do not seek this extension for the purposes of delay but

only so that justice may be served.

3 PRAYER

For all these reasons, Appellants respectfully request an extension of time

for filing their Appellants’ Brief from March 20, 2015, until April 8, 2015, and

for all such further relief to which they may be justly entitled.

TWOMEY | MAY, PLLC

/s/ George F. May/ _______________________________ George F. May TBA NO. 24037050 2 Riverway, 15th Floor Houston, Texas 77056 (713) 659-0000 [Telephone] (832) 201-8485 [Telecopier] george@twomeymay.com

Attorney in Charge on Appeal for Jeff Kaiser, P.C. and Jeffery Benedict Kaiser, Appellants

4 CERTIFICATE OF CONFERENCE:

I certify that I conferred with counsel for Appellee who stated that Appellee does not oppose this motion.

/s/ George F. May/ _______________________________ George F. May

CERTIFICATE OF SERVICE

I, George F. May, hereby certify that a true and correct copy of the above and foregoing instrument has been forwarded to all parties and counsel of record, pursuant to Rules 21 and 21a, Tex. R. Civ. P., on this 23rd day of March, 2015.

Mr. John C. Adams Texas E-File/ E-Mail Office of the Attorney General 300 W. 15th Street, Floor 8 Austin, Texas 78701 Telephone: 512-463-2173 Facsimile: 514-482-8341 E-Mail: John.adams@texasattorneygeneral.gov

Mr. Sean O’Neill Assistant Attorney General Bankruptcy & Collections Division P.O. Box 12548, MC 008 Austin, Texas 78711-2548 Telephone: 512-463-2173 Direct Line: 512-475-4255 Fax: 512-936-1409 Email: Sean.Oneill@texasattorneygeneral.gov

/s/ George F. May/ ___________________________ George F. May 5