NO: 03-15-00019-CV

IN THE THIRD DISTRICT COURT OF APPEALS AT AUSTIN, TEXAS

JEFF KAISER, P.C. and JE FFERY 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 MOTI ON TO EXTEND TIME FOR FILING APPELLANTS’ BR IEF 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 Kais er, file this Unopposed Motion for Extension of Time to File their Appella nts’ 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

CLERK2 2. The trial court signed its fi nal order on December 1, 2014. 3. Appellants filed a request for fi ndings 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 re quests for the clerk’s record and reporter’s record. The cler k’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 th eir brief was set for Friday, March 20, 2015. 7. Appellants respectfully request that the Court of Appeals extend time for Appellants to file their Appe llants’ 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 extens ion for the purposes of delay. In February and March 2015, Appellants’ counsel Ge orge 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 10 th Judicial District Court of Galveston County, Texas; (2) Motion to rehear due and f iled in Cause No. 14-13-00638-CV,3 Vincent Laday v. George Pedraza ; In the 14 th 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 269 th 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 270 th 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 166 th District Court of Bexar County, Texas; (6) Appellant’s Brief due and file d in Cause No. 07-14-00398-CV; Scott Theiring & Expelled Grain Products, LLC v. Corn Mill Enterprises, LLC ; in the 7 th 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 tr ial in Cause No. W70150017; Wiggins v. Kelly ; In Justice Court, Precinct On e, Galveston County, Texas.

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

father-in-law suffered a str oke 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 exte nsion for the purposes of delay but only so that justice may be served.4 PRAYER For all these reasons, Appellants respect fully 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, 15 th 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, Appellants5 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 forw arded 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. 15 th Street, Floor 8 Austin, Texas 78701 Telephone: 512-463-2173 Facsimile: 514-482-8341 E-Mail: John.adams@texasa ttorneygeneral.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@texasa ttorneygeneral.gov

/s/ George F. May/

___________________________ George F. May