Karen E. Landa v. Charles L. Farris

Opinion

ACCEPTED 03-15-00497-CV 6932912 THIRD COURT OF APPEALS AUSTIN, TEXAS 9/15/2015 2:01:48 PM JEFFREY D. KYLE CLERK

NO. 03-15-00497-CV

FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD DISTRICT OF TEXAS,9/15/2015 2:01:48 PM AT AUSTIN, TEXAS JEFFREY D. KYLE Clerk

KAREN E. LANDA, Appellant

V.

CHARLES L. FARRIS, Appellee.

On Appeal from the 98th Judicial District Court, Travis County Honorable Judge Triana Presiding

APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S BRIEF

HANCESCARBROUGHLLP THE CRONFEL FIRM Terry L. Scarborough Guillermo Ochoa-Cronfel State Bar No. 17716000 State Bar No. 15175600 TScarborough@hslawmail.com Guillermo@thecronfelfirm.com V. Blayre Pena 2700 Bee Cave Rd. State Bar No. 24050372 Austin, TX 78746 BPena@hslawmail.com Telephone: (512) 347-9600 400 W. 15th Street, Ste. 950 Facsimile: (512) 347-9911 Austin, TX 78701 ATTORNEYS FOR APPELLEE Telephone: (512) 479-8888 CHARLES FARRIS Facsimile: (512) 482-6891 ATTORNEYS FOR APPELLANT KAREN E. LANDA Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d),

Appellant Karen E. Landa files her first motion for an extension of time to file

Appellant's Brief on the Merits. In support of this Motion, Appellant would show

unto the Court the following:

1. This is an accelerate appeal from the trial court's denial of Appellant's

special appearance.

2. The Appellant's brief is currently due on September 21, 2015, which

is approximately 20 days after the date the reporter's record was filed.

3. Appellant requests an extension of 30 days to file her brief, through

and until October 21, 2015.

4. Appellant requests this extension because lead counsel for Appellant

is celebrating his 25 year wedding anniversary on September 15, 2015, and is

going out of town with his wife to celebrate it.

5. Appellant further requests this extension to determine whether the

trial court will submit findings of fact and conclusions of law. Appellant requested

the discretionary findings on August 11, 2015, and subsequently sent a second

request on September 10, 2015. Pursuant to Tex. R. Civ. P. 297, if the Court is

inclined to issue said findings, the court is allowed an additional ten days from the

second notice, which would run on September 20, 2015. Since September 20th is a

Sunday, the findings could be filed on Monday, September 21, 2015, the same day

2 -----------------------------------

Appellant's brief is due. While the trial court's staff attorney has indicated the

court is not inclined to issue discretionary findings for an interlocutory appeal,

Appellant would prefer to wait until the deadline has passed just in case there is

any chance the trial court changes its mind. Findings of fact would be extremely

useful in preparing Appellant's arguments for this appeal.

6. This is Appellant's first request for an extension.

7. This motion is not being filed for purposes of delay, but rather so justice

may be done in this case.

For the reasons stated, Appellant, Karen E. Landa respectfully requests an

extension of 30 days, through and until October 21, 2015, to file Appellant's Brief

on the Merits.

Respectfully submitted,

HANCESCARBOROUGH,LLP 400 W. 15th Street, Ste. 950 Austin, Texas 78701 Telephone: (512) 479-8888 Facsimile: (512) 482-6891

By: 1\/L~ Terry L. Sc~ orough State Bar No. 17716000 tscarborough@hslawmail.com V. Blayre Pena State Bar No. 24050372 bpena@hslawmail.com

3 ---------------c-------------------~---------------

CERTIFICATE OF CONFERENCE

I emailed Guillermo Ochoa-Cronfel, attorney for Appellee, on September 14, 2015, and Mr. Ochoa-Cronfel responded on the same day that he is opposed to this motion.

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Motion was served on the

following counsel of record on September 15, 2015, via certified mail, return

receipt requested, and/or the electronic filing system:

Guillermo Ochoa-Cronfel THE CRONFEL FIRM 2700 Bee Cave road, Suite 103 Austin, Texas 78746 512-347-9600 512-347-9911 fax