Pamela Mehl v. David Stern

Opinion

ACCEPTED 03-14-00697-CV 4872332 THIRD COURT OF APPEALS AUSTIN, TEXAS 4/13/2015 6:40:30 PM JEFFREY D. KYLE CLERK

No. 03-14-00697-CV FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 4/13/2015 6:40:30 PM In The Court of Appeals JEFFREY D. KYLE For The Third Court of Appeals District Clerk Austin, Texas

PAMELA A. MEHL, Appellant,

v.

DAVID STERN, Appellee

ON APPEAL FROM THE 250ST DISTRICT COURT, TRAVIS COUNTY, TEXAS TRIAL COURT CAUSE NO. D-1-GN-14-002071

APPELLEE’S UNOPPOSED FIRST MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF

Brent A. Devere State Bar No. 00789256 1411 West Avenue, Suite #200 Austin, Texas 78701 Telephone: (512) 457-8080 Telecopier: (512) 457-8060 Email: BDevere@1411west.com

Counsel for David Stern

1 IDENTITY OF PARTIES AND COUNSEL

Appellant/Defendant: Defendant/Appellant’s Appellate Counsel:

The Leifler Law Firm Sandra M. Lefler State Bar No. 12161040 1530 Sun City Blvd., Suite 119 Austin, Texas 78633 Telephone: (512) 869-2579 Telecopieur: (512) 583-7294 Email:sleffler@leflerlegal.com

Appellee/Plaintiff: Plaintiff/Appellee’s Appellate Counsel:

Brent A. Devere Texas Bar No. 00789256 1411 West Ave., Suite 200 Austin, Texas 78701 Telephone: (512) 457-8080 Telecopieur: (512) 457-8060 fax Email: BDevere@1411west.com

2 TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to Tex. R. App. P. 10.1 and 38.6(d), the Appellee, David Stern

(“Stern” herein), files this Unopposed First Motion to Extend Time to File

Appellee’s Brief and will show the court as follows:

Stern’s response brief is due April 22, 2015. Counsel for Stern requests a

thirty day extension of time to file his brief, making the brief due May 22, 2015.

This is the first extension of time to file the response brief.

Counsel for Stern relies on the following reasons in support of the

extension of time:

The initial clerk’s record was incomplete. A supplement to the clerk’s

record was recently filed with this Court on or about April 9, 2015. The

undersigned counsel for Stern is in the process of obtaining the supplemental

clerk’s record.

Moreover, counsel for Appellant informed the undersigned counsel today

that she intends to supplement her Appellant brief to reflect the supplemental

3 Counsel for Stern seeks a continuance of approximately 30 days so as to be

able to submit a complete and accurate Appellee brief that properly addresses the

relevant documents in the clerk’s record and to address the anticipated

supplemental brief of Appellant.

This request is not sought for delay but so that justice may be done.

All facts recited in this motion are within the personal knowledge of the

counsel signing this motion. Therefore, no verification is necessary under Texas

Rule of Appellate Procedure 10.2.

PRAYER FOR RELIEF

For the reasons set forth above, Appellee, David Stern, requests that this

Court grant this Unopposed First Motion to Extend Time to File Appellee’s Brief

and extend the deadline for filing the Appellee’s Brief until not earlier than May

22, 2015. Stern requests all other relief to which he may be justly entitled.

Respectfully Submitted,

/s/ Brent A. Devere Brent A. Devere

4 Texas Bar No. 00789256 1411 West Ave., Suite 200 Austin, Texas 78701 Telephone: (512) 457-8080 Telecopieur: (512) 457-8060 fax Email: BDevere@1411west.com

Attorney for Appellee David Stern

5 CERTIFICATE OF CONFERENCE

Pursuant to Tex. R. App. P. 10.1(5), I certify that the undersigned conferred

with opposing counsel on April 13, 2015, who indicated that she does not oppose

this motion.

/s/Brent A. Devere Brent A. Devere

6 CERTIFICATE OF SERVICE

Under Texas Rule of Appellate Procedure 9.5, I further certify that a copy

of this brief was served on April 13, 2015 upon the following counsel for

Appellant via Facsimile after 5:00 P.M.:

The Leifler Law Firm VIA FAX: 512-583-7294 Sandra M. Lefler 1530 Sun City Blvd., Suite 119 Austin, Texas 78633 Telephone: (512) 869-2579 Telecopieur: (512) 583-7294 Email:sleffler@leflerlegal.com