# No. 03 -14- 00 714- CV

_____________________________ COURT OF APPEALS THIRD JUDICIAL DISTRICT OF TEXAS

AUSTIN, TEXAS

_____________________________________

KEVIN TARR , Appellant,

v. LANTANA SOUTHWEST HOMEOWNERS’ ASSOCIATION, INC. , Appellee.

_______________________________ UNOPPOSED SECOND MOTION FOR EXTENSION OF TIME

TO FILE BRIEF OF APP ELL ANT

TO THE HONORABLE COURT OF APPEALS: Appellant Kevin Tarr, under the authority of Texas Rule of Appellate Procedure 10.5(b), requests additional time to file his brief of appellant

. 1. The brief of appellant is currently due February 13, 2015

. 2. Appellant respectfully requests an extension of time for 30 days to file his brief of appellant. With the extension, the brief of appellant will be due on Monday, March 16, 2015

. 3. On December 17, 2014, the record was filed, and Appellant’s brief was due on January 14, 2015. ACCEPTED 03-14-00714-CV 3992641 THIRD COURT OF APPEALS

AUSTIN, TEXAS 2/2/2015 5:54:19 PM JEFFREY D. KYLE

CLERK2

4. On January 5, 2015, however, Mr. Tarr’s former appellate counsel , Paul Simon, moved to withdraw as counsel and asked this Court for a 30

- day extension of time to file Appellant’s opening brief

. 5. On January 8, 2015, this Court granted Mr. Simon’s motion to withdraw, and granted a 30

- day extension until February 13, 2015, to file his opening
brief

. 6. On January 29 , 2015 , Mr. Tarr retained Matthew Ploeger to represent
him in this a

ppeal

. 7. Appellant requests this extension so that Mr. Ploeger may study the
record and prepare Mr. Tarr’s opening brief. Further, a designated item was omitted
from the Clerk ’ s Record filed by the district court clerk , and additional items are
necessary . Appellant has filed a request for supplement al c lerk’s r ecord in the trial

court

. 8. Additionally, Mr. Ploeger is required to attend to other time

- sensitive matters, inc luding briefs and dispositive motions in First Capital Money Center, Ltd
d/b/a Power Finance v. City of Hous ton, Texas , No. 2014

- 67722, in the 133 rd District Court, Harris County, Texas ; and Dos Republicas Coal Partnership v. David Saucedo, et al. , No. 04

- 14

- 00828

- CV, in the Fourth Court of Appeals, San Antonio,
Texas

.3

9. Other than the extension attendant to Mr. Simon’s withdrawal, t his is the first extension Appellant has sought.
10. Counsel for A ppell ant has conferred with counsel for A ppell ee , Gregory B. Godkin , and Mr. Godkin state d that A ppellee is unopposed to the requested extension

. 11. This request is not sought for delay, but in order that justice may be
done.
PRAYER Appell ant request s that this C ourt to grant an extension of 30 days to file his brief of appell ant , making the b rief due on Monday , March 16, 2015 . Appell ant also
pray s for any other relief to which he may be entitled.

Respectfully submitted, /s/ Matthew Ploeger Matthew Ploeger State Bar No. 24032838 LAW OFFICE OF MATTHEW PLOEGER 901 S. Mopac Expressway, Suite 300 Barton Oaks Plaza, Building One Austin, Texas 78746 P: 512.298.2088 F: 512.298.1787 Matthew@PloegerLaw.com Attorney for Appell ant4 CERTIFICATE OF CONFE RENCE
Counsel for A ppell ant has conferred with counsel for A ppell ee , Gregory B.
Godkin , and Appellee is unopposed to the motion for extension of time. /s/ Matthew Ploeger Matthew Ploeger Dated: February 2 , 201 55 CERTIFICATE OF SERVI CE I certify that a true and correct copy of the above and foregoing was
forwarded to all counsel of record by the Electronic Filing Service Provider, if registered; a true and correct copy of this document was forwarded to all counsel of record not registered with an Electronic Filing Service Provider and to all other parties as follows:

Gregory B. Go dkin Roberts Markel Weinberg, PC 2800 Post Oak Blvd., 57 th Floor Houston, TX 77056 713. 840

. 1666

– telephone 713. 840

. 9404

– facsimile

/s/ Matthew Ploeger Matthew Ploeger Dated: February 2 , 201 5