Texas Department of Public Safety v. Cody Littlepage

Opinion

ACCEPTED 03-14-00194-CV 4219579 THIRD COURT OF APPEALS AUSTIN, TEXAS 2/19/2015 4:36:37 PM JEFFREY D. KYLE CLERK Cause No. 03-14-00194-CV § TEXAS DEPARTMENT § IN THE FILED IN OF PUBLIC SAFETY, § COURT OF3rdAPPEALS COURT OF APPEALS AUSTIN, TEXAS Appellant § 2/19/2015 4:36:37 PM § FOR THE JEFFREY D. KYLE V. § Clerk THIRD JUDICIAL DISTRICT § OF TEXAS CODY LITTLEPAGE, § Appellee § AUSTIN, TEXAS §

UNOPPOSED MOTION TO EXTEND TIME TO FILE THE APPELLANT'S REPLY BRIEF I. INTRODUCTION

Appellant, the Texas Department of Public Safety, moves to extend the time

to file the appellant’s brief in the interest of justice.

II. ARGUMENT AND AUTHORITY

The appellate court may extend the time for filing the brief. See Tex. R.

App. P. 10.5(b).

1. The appellant’s brief was due to be filed on February 12, 2015.

2. Appellant requests an additional seven days to file the brief, that is, an

extension of time to and including February 19, 2015.

3. Appellant’s counsel was out of the out of the office due to illness on

February 9th and 10th. Despite diligent efforts, appellant’s counsel was

not able to complete the brief before the due date. Appellant’s counsel

has earnestly attempted to abide by the rules of appellate procedure, and the failure to meet the deadline for filing the brief is not intentional or the

result of conscious indifference. This motion is not made for the

purposes of delay, but to see that justice may be done.

4. This is Appellant’s first request for an extension of time to file the reply

brief.

III. CONCLUSION

For these reasons, Appellant asks this Court to grant an extension of time to

file the appellant’s reply brief in this cause to February 19, 2015.

IV. PRAYER

Appellant prays that the Court grants the motion and extends the time to file

the appellant’s brief.

Respectfully Submitted,

/s/ Kevin M. Givens KEVIN M. GIVENS Supervising Attorney, ALR Appellate Section SBN 00796633 P.O. Box 15327 Austin, Texas 78761-5327 Tel: (512) 424-5193 Fax: (512) 424-5221 Kevin.Givens@dps.texas.gov

ATTORNEY FOR APPELLANT TEXAS DEP’T OF PUB. SAFETY CERTIFICATE OF COMPLIANCE

I hereby certify that the preceding document contains 241 words.

Respectfully Submitted,

/s/ Kevin M. Givens KEVIN M. GIVENS

CERTIFICATE OF CONFERENCE

Pursuant to Tex. R. App. P. 10.1(a)(5), I hereby certify that I have conferred with Amber D. Farrelly, attorney for appellee, Cody Littlepage, on February 12, 2015, regarding this motion, and Ms. Farrelly does not oppose this motion.

Respectfully Submitted,

/s/ Kevin M. Givens KEVIN M. GIVENS

CERTIFICATE OF SERVICE

I hereby certify that I served a true and correct copy of the above and foregoing Unopposed Motion to Extend Time to File the Appellant’s Reply Brief to Amber D. Farrelly, attorney for Appellee, Cody Littlepage, at adfelaw@gmail.com, per Tex. R. App. P. 9.5(b)(1), on February 19, 2015.

Respectfully Submitted,

/s/ Kevin M. Givens KEVIN M. GIVENS