Jerry Hofrock v. Judy Hornsby

Opinion

ACCEPTED 03-14-00505-CV 6512077 THIRD COURT OF APPEALS AUSTIN, TEXAS 8/14/2015 5:09:37 PM JEFFREY D. KYLE CLERK CAUSE NO. 03-14-00505-CV

_________________________________________________ FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS IN THE COURT OF APPEALS 8/14/2015 5:09:37 PM FOR THE THIRD DISTRICT OF TEXAS JEFFREY D. KYLE AUSTIN DIVISION Clerk _________________________________________________

JERRY HOFROCK § § v. § § JUDY HORNSBY §

_______________________________________________

APPELLEE’S FIRST MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF _______________________________________________

Justin Bradford Smith Texas Bar No. 24072348 Harrell, Stoebner, & Russell, P.C. 2106 Bird Creek Drive Temple, Texas 76502 Phone: (254) 771-1855 FAX: (254) 771-2082 Email: justin@templelawoffice.com

ATTORNEY FOR APPELLEE

Appellee’s First Motion to Extend Time to File Appellee’s Brief Page 1 Hofrock v. Hornsby; Cause No. 03-14-00505-CV TO THE HONORABLE COURT OF APPEALS:

COMES NOW, Appellee, JUDY HORNSBY, who files this First Motion

for Extension of Time to File Appellant’s Brief, and shows unto the Court as

follows:

I.

Appellant’s brief is due on or before August 17, 2015.

II.

Appellant seeks an additional thirty days to file her brief, which should make

her brief due on or before September 16, 2015. The reasons for such an odd

number are:

III.

Facts relied on to reasonably explain the need for an extension include the

following:

1. Appellee’s counsel has a brief due on August 19, 2015 in

Jonathan Lee Fehr v. State; Cause No. 03-15-00231-CR, and

has been working on it diligently for several weeks since he has

received two prior extensions to file the brief.

2. Reviewing opinion in Mitchell Hollis Wright v. State, Cause

Nos. 03-14-00468-CR and 03-14-00469-CR, sending opinion to

Appellee’s First Motion to Extend Time to File Appellee’s Brief Page 2 Hofrock v. Hornsby; Cause No. 03-14-00505-CV client with explanation, drafting and filing motion for rehearing

in 03-14-00469-CR, and filing Rule 48.4 letters. (July 28,

2015; August 11, 2015; August 12, 2015).

3. Reviewing opinions in Alexis Marie Ireland v. State, Cause

Nos. 03-14-00615-CR and 03-14-00616-CR, and sending to

client in compliance with Rule 48.4 (along with lengthy,

detailed explanation of petition for discretionary review process

and enclosing documents/rules to help plus several single-sided

copies of opinions).

4. Work related to several new appeals:

a. Roy Lee Nobles v. State, 03-15-00454-CR, Third Court of

Appeals—Austin (July 23, 2015; July 30, 2015; August 6,

2015; August 10, 2015).

b. Darrell Wayne Love v. State, 03-15-00462-CR, Third Court

of Appeals—Austin (July 24, 2015).

c. Dwayne Darnell McGowan v. State, 07-15-00270-CR,

Seventh Court of Appeals—Amarillo (July 22, 2015; July

30, 2015).

Appellee’s First Motion to Extend Time to File Appellee’s Brief Page 3 Hofrock v. Hornsby; Cause No. 03-14-00505-CV 5. Work related to settlement of 10th Street and Avenue M Church

of Christ, Inc. v. Church of Christ at Sammons Park, Inc.,

Cause No. 277,425-B; 146th District Court; Bell County, Texas.

Work performed on July 21, 2015; July 23, 2015; July 24,

2015; July 27, 2015; July 30, 2015; August 4, 2015; August 6,

2015.

6. Work related to modified order, requesting new findings of fact

and conclusions of law, and informing Court of Appeals of

modified order and its affect on the appellate timetables in In

re: B.M.W., A Child; Cause No. 231,743-B; 146th District

Court, Bell County, Texas; Appellate Cause No. 03-15-00380-

CV. (Work performed on July 17, 2015; July 20, 2015; July

28, 2015; August 11, 2015).

7. Hearing on Non-Judicial Foreclosure on July 17, 2015 in 21st

Century Mortgage Corporation v. Thomas Walker, et al; Cause

No. 271,117-B; 146th District Court, Bell County, Texas.

8. Work related to new case to go on appeal in In re: H.C.C.,

Cause No. 254,204, 426th District Court, Bell County, Texas.

(August 7, 2015).

Appellee’s First Motion to Extend Time to File Appellee’s Brief Page 4 Hofrock v. Hornsby; Cause No. 03-14-00505-CV 9. Time lost due to being out to watch daughter on July 31, 2015.

IV.

No extensions have been requested and granted in this matter.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant asks this Court to

extend her time for filing his brief to thirty (30) days from the date her brief is

currently due.

Respectfully submitted:

/s/ Justin Bradford Smith Justin Bradford Smith Texas Bar No. 24072348

Harrell, Stoebner, & Russell, P.C. 2106 Bird Creek Drive Temple, Texas 76502 Phone: (254) 771-1855 FAX: (254) 771-2082 Email: justin@templelawoffice.com

Appellee’s First Motion to Extend Time to File Appellee’s Brief Page 5 Hofrock v. Hornsby; Cause No. 03-14-00505-CV CERTIFICATE OF CONFERENCE

I hereby certify that I conferred with Jerry Hofrock by email on August 14, 2015, and he does not oppose this motion.

/s/ Justin Bradford Smith Justin Bradford Smith

CERTIFICATE OF SERVICE

I hereby certify that, on August 14, 2015, a true and correct copy of the

Appellee’s First Motion to Extend Time to File Appellant’s Brief was provided to

the party below via eservice:

Jerry Hofrock 1601 Eagle Wing Cedar Park, Texas 78613 notebanker@gmail.com

Appellee’s First Motion to Extend Time to File Appellee’s Brief Page 6 Hofrock v. Hornsby; Cause No. 03-14-00505-CV