Kenneth M. Hardin v. Joseph Lella

• Court: Court of Appeals of Texas
• Decided: February 19, 2015
• Docket: 03-14-00607-CV
• Status: Published

Opinion

ACCEPTED 03-14-00607-CV 4215585 THIRD COURT OF APPEALS AUSTIN, TEXAS 2/19/2015 2:56:38 PM JEFFREY D. KYLE CLERK No. 03-14-00607-cv

FILED IN IN THE COURT OF APPEALS FOR 3rd COURT OF APPEALS THE THIRD DISTRICT OF TEXAS AT AUSTINAUSTIN, TEXAS 2/19/2015 2:56:38 PM JEFFREY D. KYLE KENNETH M. HARDIN, Clerk Appellant

vs.

JOSEPH LELLA, Appellee

OPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF

TO THE HONORABLE COURT OF APPEALS:

COMES NOW, Kenneth M. Hardin, Appellant, and files this Opposed

Motion for Extension of Time to File Appellant’s Brief and in support thereof

would respectfully show the Court the following:

I.

Appellant requests additional time to review and prepare his brief. In the

last three weeks Appellant’s counsel has participated in a mediation that required

travel to Austin, represented a client in a last-minute BBB lemon law arbitration

and settlement discussions, and appeared for a contempt hearing which was also in

Austin. Given this travel and a computer with a fried hard drive, counsel

1 overlooked the email from the court that the record had been filed. These matters

that have consumed his time in the last few weeks and will continue to do so until

February 26, 2015, the date the brief is due. Appellant therefore requests an

extension of time until Monday, March 30, 2015 for the filing of Appellant’s brief.

II.

This is Appellant’s first request for an extension of time to file his brief

since the trial court’s record was filed on January 26, 2015. The extension is not

sought solely for delay, but that justice may be done.

III.

Appellee’s counsel opposes this request for an extension of time.

WHEREFORE, Appellant requests that the Court grant his Motion and

designate Monday, March 30, 2015 as the deadline for filing Appellant’s brief.

Respectfully Submitted,

_/s/ Mark L. Aschermann______ Mark L. Aschermann SBN 01368700 BARRON & NEWBURGER, PC 6300 West Loop South, Suite 341 Bellaire, Texas 77401 Telephone (713) 942-0808 Facsimile (713) 942-0449 maschermann@bn-lawyers.com ATTORNEYS FOR APPELLANT

2 CERTIFICATE OF CONFERENCE

This is to certify that I contacted counsel for Appellee Joseph M. Lella regarding this motion for extension of time and that he and his client object to a 30 day extension of the deadline to file Appellant’s brief.

_/s/ Mark L. Aschermann______ Mark L. Aschermann

CERTIFICATE OF SERVICE

This is to certify that on the 19th day of February, 2015, a true and correct copy of the foregoing document was served on the parties listed below at the address and in the manner indicated.

William M. Nichols _/s/ Mark L. Aschermann______ WILLIAM M. NICHOLS, P.C. Mark L. Aschermann 9601 McAllister Freeway, Suite 1250 San Antonio, Texas 78216-5150 Via Facsimile to (210) 340-8885