Rafael Montez Da Oca v. Eduardo Gutierrez ( 2015 )


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  •                                                                                            ACCEPTED
    03-14-00668-CV
    4270017
    THIRD COURT OF APPEALS
    AUSTIN, TEXAS
    2/24/2015 7:07:44 PM
    JEFFREY D. KYLE
    CLERK
    IN THE COURT OF APPEALS
    THIRD DISTRICT OF TEXAS
    FILED IN
    3rd COURT OF APPEALS
    AUSTIN, TEXAS
    RAFAEL MONTEZ DA OCA                   §
    2/24/2015 7:07:44 PM
    v.                                     §           NUMBER    03-14-00668-CV
    JEFFREY D. KYLE
    Clerk
    EDUARDO GUTIERREZ                      §
    SECOND MOTION TO EXTEND TIME FOR FILING APPELLANT’S BRIEF
    Pursuant to Rules 38.6(d) and 10.5(b), Texas Rules of
    Appellate Procedure, Appellant respectfully moves for an
    extension of time to file appellant’s brief herein, and in
    support of said motion would show the following:
    I.
    The   current    deadline    for       the    filing    of   appellant’s
    brief is FEBRUARY 17, 2015.
    II.
    Appellant’s      seeks   a   6    days       extension    of    time   for
    filing appellant’s brief, i.e. to FEBRUARY 23, 2015.
    III.
    One   previous     extension      of   time     to   file    appellant’s
    brief has been sought and granted.
    IV.
    The facts relied upon to reasonably explain the need
    for an extension are as follows:
    1.    This   was    a    complicated         civil     trial.   The
    appeal involves, among other complicated issues,
    the sufficiency of evidence to support the jury’s
    findings on      several      special issue submitted         to
    the jury.
    2.   Since      the    date    of    the     first    extension
    Counsel   has    had   numerous      court     appearances    in
    Williamson, Travis, Burnet and Comal counties.
    3.   Counsel for appellant has diligently worked
    on preparation of the brief in this case and is
    very close to finishing the brief but needs the
    additional time requested to complete the brief.
    4.   Counsel      assures      the     Court    and     opposing
    counsel     thatr      no     additional       requests      for
    extension will be requested.
    WHEREFORE,      appellant      prays    that     this    Motion    For
    Extension of Time to File Appellant’s Brief be granted and
    that the deadline for filing appellant’s brief be extended
    to FEBRUARY 23, 2015.
    RESPECTFULLY SUBMITTED
    /s/ Ray Bass
    ________________________
    RAY BASS, ATTORNEY
    SBN 01884000
    120 WEST 8TH STREET
    GEORGETOWN, TEXAS 78626
    TEL. 512-863-8788
    FAX 512-869-5090
    ATTORNEY FOR APPELLANT
    IN THE COURT OF APPEALS
    THIRD DISTRICT OF TEXAS
    RAFAEL MONTEZ DA OCA                §
    v.                                  §        NUMBER 03-14-00668-CV
    EDUARDO GUTIERREZ                   §
    CERTIFICATE OF SERVICE
    A copy of the foregoing Motion For Extension Of Time
    To File Appellant’s Brief was served on FEBRUARY 24, 2015,
    in    compliance    with   Rule   9.5,   Texas   Rules    of   Appellate
    Procedure and in compliance with Third Court of Appeals
    Local Rule 3(c), on MR PAUL MORIN, ATTORNEY FOR APPELLEE,
    505     W.   14TH    STREET,      AUSTIN,    TEXAS       78701,   EMAIL
    pmorin@austin.rr.com..
    /s/ Ray Bass
    ___________________
    RAY BASS
    IN THE COURT OF APPEALS
    THIRD DISTRICT OF TEXAS
    RAFAEL MONTEZ DA OCA            §
    v.                              §       NUMBER 03-14-00668-CV
    EDUARDO GUTIERREZ               §
    CERTIFICATE OF CONFERENCE
    Counsel for the appellant has conferred with Mr. Paul
    Morin, counsel for Appellee, regarding the merits of this
    SECOND MOTION TO EXTEND TIME FOR FILING APPELLANT’S BRIEF
    and counsel for appellee indicated that he does not opposes
    the request for a 6 day extension.
    /s/ Ray Bass
    ________________________
    RAY BASS, ATTORNEY
    IN THE COURT OF APPEALS
    THIRD DISTRICT OF TEXAS
    RAFAEL MONTEZ DA OCA           §
    v.                             §       NUMBER 03-14-00668-CV
    EDUARDO GUTIERREZ              §
    ORDER ON APPELLANT’S MOTION FOR EXTENSION OF TIME
    TO FILE APPELLANT’S BRIEF
    On this ____ day of ____________________, 2015, came
    on to be considered the Motion For Extension Of Time To
    File Appellant’s Brief; and the court, having considered
    said motion, finds that it should be and is hereby GRANTED.
    It is, therefore, ordered that Appellant shall have
    until FEBRUARY 23, 2015, to file appellant’s brief herein.
    __________________________________
    Justice, Third Court Of Appeals
    

Document Info

Docket Number: 03-14-00668-CV

Filed Date: 2/24/2015

Precedential Status: Precedential

Modified Date: 9/29/2016