Appellee’s First Motion to Extend Time to File Appellee’s Brief Page 1 

Hofrock v. Hornsby; Cause No. 03-14-00505-CV 

CAUSE NO. 03-14-00505-CV 

_________________________________________________ 

IN THE COURT OF APPEALS 

FOR THE THIRD DISTRICT OF TEXAS 

AUSTIN DIVISION 

_________________________________________________ 

JERRY HOFROCK § 

 § 

v. § 

 § 

JUDY HORNSBY § 

_______________________________________________ 

APPELLEE’S FIRST MOTION TO EXTEND 

TIME TO FILE APPELLEE’S BRIEF

_______________________________________________ 

 

 

 Justin Bradford Smith 

 Texas Bar No. 24072348 

 Harrell, Stoebner, & Russell, P.C. 

 2106 Bird Creek Drive 

 Temple, Texas 76502

 Phone: (254) 771-1855 

 FAX: (254) 771-2082 

Email: justin@templelawoffice.com 

 

ATTORNEY FOR APPELLEE

ACCEPTED

03-14-00505-CV

6512077

THIRD COURT OF APPEALS

AUSTIN, TEXAS

8/14/2015 5:09:37 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 8/14/2015 5:09:37 PM JEFFREY D. KYLE Clerk
Appellee’s First Motion to Extend Time to File Appellee’s Brief Page 2

Hofrock v. Hornsby; Cause No. 03-14-00505-CV

TO THE HONORABLE COURT OF APPEALS:

COMES NOW, Appellee, JUDY HORNSBY, who files this First Motion 

for Extension of Time to File Appellant’s Brief, and shows unto the Court as 

follows:

I.

Appellant’s brief is due on or before August 17, 2015.

II.

Appellant seeks an additional thirty days to file her brief, which should make 

her brief due on or before September 16, 2015. The reasons for such an odd 

number are:

III.

Facts relied on to reasonably explain the need for an extension include the 

following:

1. Appellee’s counsel has a brief due on August 19, 2015 in 

Jonathan Lee Fehr v. State; Cause No. 03-15-00231-CR, and 

has been working on it diligently for several weeks since he has 

received two prior extensions to file the brief.

2. Reviewing opinion in Mitchell Hollis Wright v. State, Cause 

Nos. 03-14-00468-CR and 03-14-00469-CR, sending opinion to 
Appellee’s First Motion to Extend Time to File Appellee’s Brief Page 3

Hofrock v. Hornsby; Cause No. 03-14-00505-CV

client with explanation, drafting and filing motion for rehearing 

in 03-14-00469-CR, and filing Rule 48.4 letters. (July 28, 

2015; August 11, 2015; August 12, 2015).

3. Reviewing opinions in Alexis Marie Ireland v. State, Cause 

Nos. 03-14-00615-CR and 03-14-00616-CR, and sending to 

client in compliance with Rule 48.4 (along with lengthy, 

detailed explanation of petition for discretionary review process 

and enclosing documents/rules to help plus several single-sided 

copies of opinions).

4. Work related to several new appeals:

a. Roy Lee Nobles v. State, 03-15-00454-CR, Third Court of 

Appeals—Austin (July 23, 2015; July 30, 2015; August 6, 

2015; August 10, 2015).

b. Darrell Wayne Love v. State, 03-15-00462-CR, Third Court 

of Appeals—Austin (July 24, 2015).

c. Dwayne Darnell McGowan v. State, 07-15-00270-CR, 

Seventh Court of Appeals—Amarillo (July 22, 2015; July 

30, 2015).
Appellee’s First Motion to Extend Time to File Appellee’s Brief Page 4

Hofrock v. Hornsby; Cause No. 03-14-00505-CV

5. Work related to settlement of 10th Street and Avenue M Church 

of Christ, Inc. v. Church of Christ at Sammons Park, Inc., 

Cause No. 277,425-B; 146th District Court; Bell County, Texas. 

Work performed on July 21, 2015; July 23, 2015; July 24, 

2015; July 27, 2015; July 30, 2015; August 4, 2015; August 6, 

2015.

6. Work related to modified order, requesting new findings of fact 

and conclusions of law, and informing Court of Appeals of 

modified order and its affect on the appellate timetables in In 

re: B.M.W., A Child; Cause No. 231,743-B; 146th District 

Court, Bell County, Texas; Appellate Cause No. 03-15-00380-

CV. (Work performed on July 17, 2015; July 20, 2015; July 

28, 2015; August 11, 2015).

7. Hearing on Non-Judicial Foreclosure on July 17, 2015 in 21st

Century Mortgage Corporation v. Thomas Walker, et al; Cause 

No. 271,117-B; 146th District Court, Bell County, Texas.

8. Work related to new case to go on appeal in In re: H.C.C., 

Cause No. 254,204, 426

th District Court, Bell County, Texas. 

(August 7, 2015).
Appellee’s First Motion to Extend Time to File Appellee’s Brief Page 5

Hofrock v. Hornsby; Cause No. 03-14-00505-CV

9. Time lost due to being out to watch daughter on July 31, 2015.

IV.

No extensions have been requested and granted in this matter.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant asks this Court to 

extend her time for filing his brief to thirty (30) days from the date her brief is 

currently due.

Respectfully submitted:

/s/ Justin Bradford Smith

Justin Bradford Smith

Texas Bar No. 24072348

Harrell, Stoebner, & Russell, P.C.

2106 Bird Creek Drive

Temple, Texas 76502

Phone: (254) 771-1855

FAX: (254) 771-2082

Email: justin@templelawoffice.com

ATTORNEY FOR APPELLEE
Appellee’s First Motion to Extend Time to File Appellee’s Brief Page 6

Hofrock v. Hornsby; Cause No. 03-14-00505-CV

CERTIFICATE OF CONFERENCE

I hereby certify that I conferred with Jerry Hofrock by email on August 14, 

2015, and he does not oppose this motion.

/s/ Justin Bradford Smith

Justin Bradford Smith

CERTIFICATE OF SERVICE

I hereby certify that, on August 14, 2015, a true and correct copy of the 

Appellee’s First Motion to Extend Time to File Appellant’s Brief was provided to 

the party below via eservice:

Jerry Hofrock

1601 Eagle Wing

Cedar Park, Texas 78613

notebanker@gmail.com

/s/ Justin Bradford Smith

Justin Bradford Smith