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 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, 

ACCEPTED

03-14-00668-CV

4270017

THIRD COURT OF APPEALS

AUSTIN, TEXAS

2/24/2015 7:07:44 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 2/24/2015 7:07:44 PM JEFFREY D. KYLE Clerk
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