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

Opinion

ACCEPTED 03-15-00019-CV 4815576 THIRD COURT OF APPEALS AUSTIN, TEXAS 4/8/2015 4:36:16 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 4/8/2015 4:36:16 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 TO FILE APPELLANTS’ BRIEF

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. Appellant requested the reporter’s record, including the trial

transcript and all trial exhibits, on January 28, 2015. The Court Reporter

promptly filed the reporter’s record on February 18, 2015. Unfortunately, the trial exhibits, including a stipulation of facts between the parties, was

inadvertently left out of the reporter’s record. Appellants’ counsel did not

realize the omission had occurred until yesterday, April 7, 2015. Counsel

apologizes to the Court for his mistake in believing that the record was

complete and for not catching the omission earlier.

2. Appellants are requesting a short extension of time to file their

brief for a time sufficient for the Court Reporter to include in the record the

factual stipulation and trial exhibits. Appellants seek an extension for the lesser

of 7-days following the court reporter’s supplemental filing or 30-days from

today, which would make the extended deadline no later than May 8, 2015.

Appellants’ counsel has communicated with the Court Reporter, who indicates

that the inadvertently omitted exhibits and stipulation of facts will be filed with

the Court promptly.

3. This is Appellants’ second request for an extension of time to file

their brief on the merits.

4. 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. The trial court signed its final order on

December 1, 2014.

2 5. Appellants filed a request for findings of fact and conclusions of

law on December 8, 2014.

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

7. Appellants’ original deadline to file their brief was set for Friday,

March 20, 2015, and the deadline after the first unopposed extension was

granted by the Court was today, April 8, 2015.

8. Appellants respectfully request that the Court of Appeals extend

time for Appellants to file their Appellants’ Brief until the lesser of 7-days

following the court reporter’s supplemental filing or 30-days from today, which

would make the extended deadline no later than May 8, 2015.

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

only so that justice may be served.

PRAYER

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

for filing their Appellants’ Brief for the lesser of 7-days following the court

reporter’s supplemental filing or 30-days from today, which would make the

extended deadline no later than May 8, 2015, and for all such further relief to

which they may be justly entitled.

3 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

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

4 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 8th day of April, 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