Lower Colorado River Authority v. Burnet Central Appraisal District

Opinion

ACCEPTED 03-15-00724-CV 8315432 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/21/2015 8:58:06 AM JEFFREY D. KYLE CLERK NO. 03-15-00724-CV ______________________________________________________________________ FILED IN IN THE THIRD COURT OF APPEALS 3rd COURT OF APPEALS AUSTIN, TEXAS AUSTIN, TEXAS 12/21/2015 8:58:06 AM ______________________________________________________________________ JEFFREY D. KYLE Clerk LOWER COLORADO RIVER AUTHORITY, Appellant,

v.

BURNET CENTRAL APPRAISAL DISTRICT Appellee. ______________________________________________________________________

APPELLANT’S UNOPPOSED FIRST MOTION TO EXTEND TIME TO FILE BRIEF ______________________________________________________________________

James N. Rader Joseph R. Knight State Bar No. 16452570 State Bar No. 11601275 James.rader@lcra.org jknight@knighttxlaw.com Lower Colorado River Authority Law Office of Joseph R. Knight P.O. Box 220 111 Congress Ave, Suite 2800 Austin, Texas 78767 Austin, TX 78701 (512) 578-3559 (512) 770-4010

ATTORNEYS FOR APPELLANT Pursuant to Texas Rules of Appellate Procedure 38.6(d) and 10.5(b),

Appellant Lower Colorado River Authority (“LCRA”) files this Unopposed First

Motion for Extension of Time to File Appellant’s Brief and shows the following:

This is an appeal from a judgment rendered on October 15, 2015. The

reporter’s record was filed on December 2, 2015, and the clerk’s record was filed

on December 3, 2015. LCRA’s Appellant’s Brief is currently due on January 5,

2016.

LCRA seeks a 30 day extension, making its brief due on February 4,

2016. This is LCRA’s first motion for extension of time to file the brief. The

reasons for this request are set forth below.

First, the undersigned counsel was retained for this appeal and

requires additional time to become fully familiar with the record of the proceedings

below.

Second, the undersigned was lead counsel for an evidentiary hearing

on December 9-10 in the cause styled Wallace L. Hall, Jr. v. William H. McRaven,

Cause No. D-1-GN-15-002473, which is now pending in this Court (03-15-00783-

CV). The preparation for, and presentation of this matter prevented him from

working on LCRA’s brief for nearly two weeks.

Finally, the preparation period resulting from the early December

filing of the record includes the year-end holidays. Counsel for LCRA have long-

1 standing family travel plans that will make it difficult to complete the brief by

early January.

LCRA seeks an extension in this case not for purposes of delay, but

solely so that its counsel may have adequate time to review the record and prepare

a brief that will assist the Court in deciding the matter.

Appellee does not oppose this request.

For these reasons, LCRA respectfully requests that the Court grant an

extension of 30 days to file its Appellant’s Brief, through and until February 4,

2016. LCRA also requests such further relief to which it may be justly entitled.

Respectfully submitted,

Joseph R. Knight jknight@jknighttxlaw.com State Bar No. 11601275 Law Office of Joseph R. Knight 111 Congress Ave., Suite 2800 Austin, Texas 78701 (512) 770-4010

CERTIFICATE OF CONFERENCE I hereby certify that on December 18, 2015, I consulted with counsel for Appellee, Kirk Swinney, who indicated that Appellee does not oppose the relief sought in this motion.

Joseph R. Knight

2 CERTIFICATE OF SERVICE Pursuant to Rule 9.5 of the Texas Rules of Appellate Procedure, I hereby certify that a true and correct copy of the foregoing Appellants’ Unopposed First Motion to Extend Time to File Brief has been served upon the following counsel for Appellee by electronic mail and through the Court’s electronic filing system on this 21st day of December 2015:

Kirk Swinney Ryan L. James Yessika Monagas MCCREARY, VESELKA, BRAGG, & ALLEN, PC 700 Jeffrey Way, Suite 100 Round Rock, Texas 78665