NO: 03-15-00019-CV 

IN THE THIRD DISTRICT COURT OF APPEALS 

AT AUSTIN, TEXAS 

JEFF KAISER, P.C. and JEFFERY BENEDICT KAISER 

a/k/a Jeffrey B. Kaiser, 

Appellants 

v. 

THE STATE OF TEXAS, 

Appellees 

 

From the 98th Judicial District Court 

of Travis County, Texas 

Trial Court Cause No. D-1-GV-13-000790 

APPELLANTS’ UNOPPOSED MOTION TO EXTEND TIME 

FOR FILING APPELLANTS’ BRIEF UNTIL ARPIL 8, 2015 

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS: 

Pursuant to Texas Rule of Appellate Procedure 26.3, Appellants Jeff 

Kaiser, P.C. and Jeffery Benedict Kaiser, file this Unopposed Motion for 

Extension of Time to File their Appellants’ Brief, which motion complies with 

Rule 10.5(b), and in support thereof would respectfully show as follows: 

1. This is an appeal from a final judgment in Cause No. D-1-GV-13-

000790; The State of Texas v. Jeff Kaiser, PC et al.; in the 98th Judicial District 

Court of Travis County, Texas. 

ACCEPTED

03-15-00019-CV

4611121

THIRD COURT OF APPEALS

AUSTIN, TEXAS

3/23/2015 8:32:46 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 3/23/2015 8:32:46 PM JEFFREY D. KYLE Clerk
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2. The trial court signed its final order on December 1, 2014. 

3. Appellants filed a request for findings of fact and conclusions of 

law on December 8, 2014. 

4. Appellants filed their notice of appeal on January 8, 2015. 

5. Appellants have filed their requests for the clerk’s record and 

reporter’s record. The clerk’s record was filed with the Court on February 13, 

2015, and the reporter’s record was filed with the Court on February 20, 2015. 

The record is complete. 

6. Appellants’ deadline to file their brief was set for Friday, March 

20, 2015. 

7. Appellants respectfully request that the Court of Appeals extend 

time for Appellants to file their Appellants’ Brief until Wednesday, April 8, 

2015. 

8. This is Appellants’ first request for an extension of time for filing 

Appellants’ Brief. 

 9. Appellants do not seek this extension for the purposes of delay. In 

February and March 2015, Appellants’ counsel George May’s docket was 

crowded with numerous matters including the following: 

(1) A week long jury trial in Cause No. 12CV2786, Foster v. Wiggins, 

In the 10th Judicial District Court of Galveston County, Texas; 

(2) Motion to rehear due and filed in Cause No. 14-13-00638-CV, 
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Vincent Laday v. George Pedraza; In the 14th Court of Appeals at 

Houston, Texas; 

(3) Motion for New Trial due and filed in Cause No. 2013-41051, 

Cohen v. Preston Realty et al, In the 269th District Court of Harris 

County, Texas; 

(4) Motion for New Trial due and filed in Cause No. 2012-23146, DG 

Interests v. Jim-Daniels Nnah, In the 270th District Court of Harris 

County, Texas; 

(5) Mediation in Cause No. 2012-CI-07619, Eloise Castro et al v. 

Martin Garcia et al; in the 166th District Court of Bexar County, 

Texas; 

(6) Appellant’s Brief due and filed in Cause No. 07-14-00398-CV; 

Scott Theiring & Expelled Grain Products, LLC v. Corn Mill 

Enterprises, LLC; in the 7th Court of Appeals at Amarillo, Texas; 

(7) Depositions, summary judgment responses, and responses to 

written discovery requests in various cases; and 

(8) Trial preparation and jury trial in Cause No. W70150017; Wiggins 

v. Kelly; In Justice Court, Precinct One, Galveston County, Texas. 

10. In addition to these professional demands, Appellants’ counsel’s 

father-in-law suffered a stroke and counsel took time to attend to this family 

emergency. Appellants’ counsel was unable to review the record and prepare a 

brief to aid the Court by the current deadline due to the above referenced 

matters. 

11. Appellants do not seek this extension for the purposes of delay but 

only so that justice may be served. 
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PRAYER 

For all these reasons, Appellants respectfully request an extension of time 

for filing their Appellants’ Brief from March 20, 2015, until April 8, 2015, and 

for all such further relief to which they may be justly entitled. 

 TWOMEY | MAY, PLLC 

 /s/ George F. May/

_______________________________ 

George F. May 

TBA NO. 24037050 

 2 Riverway, 15th Floor 

 Houston, Texas 77056 

 (713) 659-0000 [Telephone] 

 (832) 201-8485 [Telecopier] 

 george@twomeymay.com 

 Attorney in Charge on Appeal for Jeff 

Kaiser, P.C. and Jeffery Benedict Kaiser, 

Appellants 
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CERTIFICATE OF CONFERENCE: 

I certify that I conferred with counsel for Appellee who stated that Appellee 

does not oppose this motion. 

 /s/ George F. May/ 

_______________________________ 

George F. May 

CERTIFICATE OF SERVICE 

I, George F. May, hereby certify that a true and correct copy of the above 

and foregoing instrument has been forwarded to all parties and counsel of 

record, pursuant to Rules 21 and 21a, Tex. R. Civ. P., on this 23rd day of 

March, 2015. 

Mr. John C. Adams Texas E-File/ E-Mail 

Office of the Attorney General 

300 W. 15th Street, Floor 8 

Austin, Texas 78701 

Telephone: 512-463-2173 

Facsimile: 514-482-8341 

E-Mail: John.adams@texasattorneygeneral.gov

Mr. Sean O’Neill 

Assistant Attorney General 

Bankruptcy & Collections Division 

P.O. Box 12548, MC 008 

Austin, Texas 78711-2548 

Telephone: 512-463-2173 

Direct Line: 512-475-4255 

Fax: 512-936-1409 

Email: Sean.Oneill@texasattorneygeneral.gov

 /s/ George F. May/ 

___________________________ 

George F. May