Jose Chavez v. Juan Francisco Martinez

Opinion

ACCEPTED 03-14-00470-CV 3723541 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/11/2015 12:00:08 PM JEFFREY D. KYLE CLERK

No. 03-14-00470-CV Tr Ct No. C-1-CV-13-008449 FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD DISTRICT OF TEXAS 1/12/2015 12:00:00 AM JEFFREY D. KYLE Clerk Jose G. Chavez, appellant v. Juan Francisco Martinez, appellee

MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF

TO THE THIRD COURT OF APPEALS:

Appellee, Juan Francisco Martinez, files this motion for extension of

time to file Appellee’s Brief under Rules 10.1, 10.5(b), and 38.6(d) of the

Texas Rule of Appellate Procedure, and requests the Court to extend the

deadline for filing the appellants’ brief from January 5, 2015 until January

12, 2015. In support of this motion appellee shows:

I.

This is an appeal from the grant of a motion for summary judgment

on a suit to collect on a note. Appellant’s Brief was filed on December 5,

2014.

1 II.

This is appellee’s first request for an extension of time to file

Appellee’s Brief.

III.

The undersigned Timothy Hootman, who is primarily responsible for

preparing Appellee’s Brief, underestimated the time necessary to complete

the brief, and therefore requests the additional 7 days. The Appellee’s Brief

has been filed contemporaneously with this motion.

WHEREFORE, appellee, Juan Francisco Martinez, prays that this

motion be granted and that the Court extend the time to file Appellee’s

Brief from to January 5, 2015, until January 12, 2015.

Respectfully submitted,

/s/Timothy A. Hootman Timothy A. Hootman, SBN 09965450 2402 Pease St Houston, TX 77003 713.247.9548 713.583.9523 (f) E-mail: thootman2000@yahoo.com

/s/Bill Malone, Jr. Bill Malone, Jr., SBN 12877500 8650 Spicewood Springs, No 145-598 Austin, TX 78759 512.346.9600 ATTORNEYS FOR APPELLEE

2 CERTIFICATE OF SERVICE

I hereby certify that, in accordance with Rule 9.5 of the Texas Rules of

Appellate Procedure, I have served the forgoing document upon the following

attorneys by personal mail, commercial delivery service, fax, or electronic service:

Jose G. Chavez, pro se 11520 Sweet Basil CT Austin, TX 78726 Dated: January 11, 2015.

/s/Timothy A. Hootman Timothy A. Hootman

CERTIFICATE OF CONFERENCE

The undersigned has attempted to communicate with appellant, Jose G. Chavez, who is acting pro se, by sending him an email to the email address listed on his pleadings. In the email the undersigned asked whether appellant is opposed to this motion. The undersigned has not yet received a response. /s/ Timothy A. Hootman TIMOTHY A. HOOTMAN