### No. 03

- 1 7

- 00 340

- CV



## In the Third Court of Appeals Austin , Texas

C HARLES D. C OLLIER , Appellant

V
. R ANDY M OE , Appellee

A PPEAL F ROM C AUSE N O

. 13

- 0192

- C26 26 TH D ISTRICT C OURT OF W ILLIAMSON C OUNTY , T EXAS H ON

. D ONNA K ING , P RESIDING

UNOPPOSED SECOND MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF

TO THE HONORABLE THIRD COURT OF APPEALS:
Appellee Randy Moe f ile s this unopposed second motion requesting a 30

-
day extension of time for filing his brief in this appeal. App ellee respectfully

show s :

1. Appellee’s b rief is currently due on December 20, 2017. ACCEPTED 03-17-00340-CV 21306795 THIRD COURT OF APPEALS

AUSTIN, TEXAS 12/14/2017 4:44 PM JEFFREY D. KYLE

CLERK2 2. Appell ee request s a 30

- day extension of time , or until January 19,

2018
, for filing his brief. Appell ee has requested one previous extension

. And,

Appellant Charles D. Collier does not oppose Appellee ’s requested extension.

3. The undersigned counsel is sole ly responsible for preparing

Appellee ’ s brief. Counsel needs additional time to review the record, conduct the

necessary research, and prepare a brief that will assist the Court in resolving this

appeal. Counsel is also leaving his current firm at the en d of the month and

establishing his own p ractice during the holiday season

.

4. The demands of other cases have further made this motion necessary.

Specifically, the undersigned has been occupied with or is managing conflicting

deadlines for the following matters:

• Prepari ng a motion to dismiss to be filed in No. D

- 1

- GN

- 07

- 002493 before the 419th Judicial District Court in Travis County, Texas, Christopher Tovar d/b/a Tovar Construction Company and Bannum, Inc. v. Eugene Mees d/b/a Encore House ; and

• Preparing for argument and arguing a case in No. 17

- 4 0016 before the United States Court of Appeals for the Fifth Circuit
, Julia Ann Flores v. United States of America

.

5. This case ha s not been set for submission. Therefore, no unnecessary

delay will result from the granting of this extension.3 CONCLUSION AND PRAYER

For these reasons, Appellee respectfully ask s the Court to grant this

unopposed motion for extension of time, thus making his brief due on January 19,

2018 . Appellee request s all other appropriate relief to which he is entitled.

Respectfully submit ted,

S MITH L AW G ROUP LLLP

/s/ Maitreya Tomlinson Maitreya Tomlinson State Bar No. 24070751 1250 Capital of Texas Highway South Three Cielo Center, Suite 601 Austin, TX 78746 ( 512 ) 439

- 3230 (800 ) 886

- 3076 (fax) maitreya@appealsplus.com

Appellate Counsel for Appellee4 CERTIFICATE OF CONFE RENCE

I certify t hat I conferred with Appellant’s lead counsel, Christopher D.

Osborn. Appellant does not oppose the relief requested in this motion.

/s/ Maitreya Tomlinson Maitreya Tomlinson

CERTIFICATE OF SERVICE

On December 14 , 2017 , in compliance with Texas Rule of Appellate

P rocedure 9.5, I served a true and correct copy of the foregoing document by e

service, e

- mail, facsimile, or mail to:

Christopher D. Osborn O SBORN L AW F IRM , P.C. 1019 Cecelia Street Taylor, Texas 76574 E

- Mail: chris@osbornpc.com

Counsel for Appellant

/s/ Maitreya Tomlinson Maitreya Tomlinson