No. 03-17-00340-CV

In the Third Court of Appeals

Austin, Texas

CHARLES D. COLLIER,

Appellant

V.

RANDY MOE,

Appellee

APPEAL FROM CAUSE NO. 13-0192-C26

26TH DISTRICT COURT OF WILLIAMSON COUNTY, TEXAS

HON. DONNA KING, PRESIDING

UNOPPOSED SECOND MOTION FOR EXTENSION OF TIME TO FILE 

APPELLEE’S BRIEF

TO THE HONORABLE THIRD COURT OF APPEALS:

Appellee Randy Moe files this unopposed second motion requesting a 30-

day extension of time for filing his brief in this appeal. Appellee respectfully 

shows:

1. Appellee’s brief 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

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 12/14/2017 4:44:49 PM JEFFREY D. KYLE Clerk
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2. Appellee requests a 30-day extension of time, or until January 19, 

2018, for filing his brief. Appellee has requested one previous extension. And, 

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

3. The undersigned counsel is solely 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 end of the month and 

establishing his own practice 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:

• Preparing 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. 17-40016 before the 

United States Court of Appeals for the Fifth Circuit, Julia Ann Flores 

v. United States of America.

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

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

For these reasons, Appellee respectfully asks the Court to grant this 

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

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

Respectfully submitted,

SMITH LAW GROUP 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 Appellee
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CERTIFICATE OF CONFERENCE

I certify that 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 

Procedure 9.5, I served a true and correct copy of the foregoing document by eservice, e-mail, facsimile, or mail to:

Christopher D. Osborn

OSBORN LAW FIRM, P.C.

1019 Cecelia Street

Taylor, Texas 76574

E-Mail: chris@osbornpc.com

Counsel for Appellant

/s/ Maitreya Tomlinson

Maitreya Tomlinson