Kafai Lee v. Kenneth Lau, Connie Andrews, and Golden Wok, LTD.

Opinion

ACCEPTED 04-15-00260-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 8/27/2015 12:25:27 PM KEITH HOTTLE CLERK

No. 4-15-00260-CV

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FILED IN 4th COURT OF APPEALS IN THE FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS SAN ANTONIO, TEXAS 8/27/2015 12:25:27 PM KEITH E. HOTTLE

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Clerk

KAFAI LEE,

Appellant, V.

KENNETH LAU, CONNIE ANDREWS, GOLDEN WOK, LTD.

Appellees.

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Appealed from the 45th Judicial District Court of Bexar County, Texas Cause No. 2012-CI-12940

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APPELLANT'S UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF

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Appellant asks the Court to extend the time to file Appellant's Brief.

A. INTRODUCTION 1. Appellant is Kafai Lee; appellees are Kenneth Lau, Connie Andrews,

Golden Wok, Ltd.

2. There is no specific deadline to file this motion to extend time. Texas R.

App. P. 38.6(d).

B. ARGUMENT & AUTHORITIES

3. The Court may grant an extension of time under Texas Rule of Appellate

Procedure 38.6(d) and 10.5(b).

4. The deadline to file the Appellant's Brief is Friday, August 28, 2015.

5. Appellant, Kafai Lee, requests an additional seven days to file Appellant's

Brief, extending the time until September 4, 2015.

6. No extension has been granted to extend the time to file the Appellant's

Brief.

7. Appellant needs additional time to file the Appellant's Brief because of a

technical error with the email notices provided by coa4noticingservice.com.

Appellant's lead attorney was not sent a notice that the reporter's record had

been filed, and as a result, the deadline to file Appellant's brief was not

calendared. Appellant has only had the reporter's and clerk's records for a few

days, and requires more time to complete his brief with the appropriate citation

to the respective records.

C. CONCLUSION

8. Appellant Kafai Lee asks the Court to grant a seven day extension to allow

sufficient time to complete Appellant's Brief.

D. PRAYER

9. For these reasons, Appellant Kafai Lee asks the Court to grant an extension

of time to file Appellant's Brief until Friday, September 4, 2015.

Respectfully submitted,

PRINS LAW FIRM

4940 Broadway, Ste. 108 San Antonio, Texas 78209 Telephone: (210) 820-0833 Telecopier: (210) 820-0929

By:_________________________ TODD A. PRINS State Bar No. 16330400 Email: taprins@prinslaw.com

CERTIFICATE OF CONFERENCE

I certify that counsel for movant and counsel for respondent have personally conducted a conference at which there was a substantive discussion of every item presented to the Court in this motion, and counsel for respondent does not oppose the relief requested in the motion.

Date: August 27, 2015

By:_______________________ TODD A. PRINS State Bar No. 16330400 Email: taprins@prinslaw.com

CERTIFICATE OF SERVICE

I certify that on August 27, 2015, Appellant’s Unopposed Motion to Extend Time to

File Appellant's Brief was served on the following counsel of record via email and facsimile.

Sylvan S. Lang, Jr. Thomas G. Kemmy LANG LAW FIRM, P.C. LAW OFFICE OF THOMAS G. KEMMY 13409 N.W. Military Hwy., Ste 210 322 W. Woodlawn Avenue San Antonio, Texas 78231 San Antonio, Texas 78212 Telephone: (210) 479-8899 Telephone: (210) 735-2233 Facsimile: (210) 479-0099 Facsimile: (210) 736-9025 Attorney for Kenneth Lau & Connie Andrews Attorney for Golden Wok, Ltd.

PRINS LAW FIRM 4940 Broadway, Ste. 108 San Antonio, Texas 78209 Telephone: (210) 820-0833 Telecopier: (210) 820-0929

By:_______________________ TODD A. PRINS State Bar No. 16330400 Email: taprins@prinslaw.com