No. 03-14-00714-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 APPELLANT

 

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

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 2/2/2015 5:54:19 PM JEFFREY D. KYLE Clerk
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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 appeal.

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 supplemental clerk’s record in the trial 

court.

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

matters, including briefs and dispositive motions in First Capital Money Center, Ltd 

d/b/a Power Finance v. City of Houston, Texas, No. 2014-67722, in the 133rd 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.
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9. Other than the extension attendant to Mr. Simon’s withdrawal, this is 

the first extension Appellant has sought.

10. Counsel for Appellant has conferred with counsel for Appellee, 

Gregory B. Godkin, and Mr. Godkin stated that Appellee is unopposed to the 

requested extension. 

11. This request is not sought for delay, but in order that justice may be 

done. 

PRAYER 

Appellant requests that this Court to grant an extension of 30 days to file his

brief of appellant, making the brief due on Monday, March 16, 2015. Appellant also 

prays 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 Appellant
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CERTIFICATE OF CONFERENCE 

Counsel for Appellant has conferred with counsel for Appellee, Gregory B. 

Godkin, and Appellee is unopposed to the motion for extension of time.

/s/ Matthew Ploeger

Matthew Ploeger 

Dated: February 2, 2015
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CERTIFICATE OF SERVICE 

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. Godkin

Roberts Markel Weinberg, PC

2800 Post Oak Blvd., 57th Floor

Houston, TX 77056

713.840.1666–telephone 

713.840.9404–facsimile 

/s/ Matthew Ploeger

Matthew Ploeger 

Dated: February 2, 2015