IN THE COURT OF APPEALS

THIRD DISTRICT OF TEXAS

RAFAEL MONTEZ DA OCA §

v. § NUMBER 03

- 14 -00668

- CV

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 ap pellant’s brief, i.e. to FEBRUARY 23 , 2015.

III.

One previous extension of time to file appe llant’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, ACCEPTED

03-14-00668-CV

4270017

THIRD COURT OF APPEALS

AUSTIN, TEXAS

2/24/2015 7:07:44 PM

JEFFREY D. KYLE

CLERKthe 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 ha s diligently worked

on preparation of the brief in this case and is

very close to finishing the bri ef 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 Appe llant’s Brief be granted and

that the deadline for filing appellan t’s brief be ex tended

to FEBRUARY 23 , 2015

.

RESPECTFULLY SUBMITTED

/s/ Ray Bass

________________________ RAY BASS, ATTORNEY

SBN 01884000

120 WEST 8 TH STREET

GEORGETOWN, TEXAS 78626

TEL. 512

- 863

- 8788

FAX 512

- 869

- 5090

ATTORNEY FOR APPELLANTIN 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. 14 TH STREET, AUSTIN, TEXAS 78701, EMAIL

pmorin@austin.rr.com..

/s/ Ray Bass

___________________ RAY BASSIN 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, ATTORNEYIN 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 FIL E APPELLANT’S BRIEF

On this ____ d ay 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, th erefore, ordered that Ap pellant shall have

until FEBRUARY 23, 2015 , to file appellant’s brief herein.

_____________

_____________________ Justice, Third Court Of Appeals