No. 03-14-00697-CV

In The Court of Appeals 

For The Third Court of Appeals District 

Austin, Texas 

PAMELA A. MEHL, 

Appellant, 

v.

DAVID STERN, 

Appellee 

ON APPEAL FROM THE 250ST DISTRICT COURT, TRAVIS COUNTY, TEXAS 

TRIAL COURT CAUSE NO. D-1-GN-14-002071 

APPELLEE’S UNOPPOSED FIRST MOTION TO EXTEND TIME TO FILE 

APPELLEE’S BRIEF

 

 Brent A. Devere 

 State Bar No. 00789256 

 1411 West Avenue, Suite #200 

 Austin, Texas 78701 

 Telephone: (512) 457-8080

 Telecopier: (512) 457-8060

 Email: BDevere@1411west.com 

 Counsel for David Stern 

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ACCEPTED

03-14-00697-CV

4872332

THIRD COURT OF APPEALS

AUSTIN, TEXAS

4/13/2015 6:40:30 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 4/13/2015 6:40:30 PM JEFFREY D. KYLE Clerk
 IDENTITY OF PARTIES AND COUNSEL

Appellant/Defendant: Defendant/Appellant’s Appellate Counsel:

The Leifler Law Firm

Sandra M. Lefler

State Bar No. 12161040

1530 Sun City Blvd., Suite 119

Austin, Texas 78633

Telephone: (512) 869-2579

Telecopieur: (512) 583-7294

Email:sleffler@leflerlegal.com

Appellee/Plaintiff: Plaintiff/Appellee’s Appellate Counsel:

Brent A. Devere

Texas Bar No. 00789256

1411 West Ave., Suite 200

Austin, Texas 78701

Telephone: (512) 457-8080 

Telecopieur: (512) 457-8060 fax

Email: BDevere@1411west.com

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TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to Tex. R. App. P. 10.1 and 38.6(d), the Appellee, David Stern 

(“Stern” herein), files this Unopposed First Motion to Extend Time to File 

Appellee’s Brief and will show the court as follows:

Stern’s response brief is due April 22, 2015. Counsel for Stern requests a 

thirty day extension of time to file his brief, making the brief due May 22, 2015. 

This is the first extension of time to file the response brief.

Counsel for Stern relies on the following reasons in support of the 

extension of time:

The initial clerk’s record was incomplete. A supplement to the clerk’s 

record was recently filed with this Court on or about April 9, 2015. The 

undersigned counsel for Stern is in the process of obtaining the supplemental 

clerk’s record.

Moreover, counsel for Appellant informed the undersigned counsel today 

that she intends to supplement her Appellant brief to reflect the supplemental 

clerk’s record.

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Counsel for Stern seeks a continuance of approximately 30 days so as to be

able to submit a complete and accurate Appellee brief that properly addresses the 

relevant documents in the clerk’s record and to address the anticipated 

supplemental brief of Appellant.

This request is not sought for delay but so that justice may be done.

All facts recited in this motion are within the personal knowledge of the 

counsel signing this motion. Therefore, no verification is necessary under Texas 

Rule of Appellate Procedure 10.2.

PRAYER FOR RELIEF

For the reasons set forth above, Appellee, David Stern, requests that this 

Court grant this Unopposed First Motion to Extend Time to File Appellee’s Brief 

and extend the deadline for filing the Appellee’s Brief until not earlier than May 

22, 2015. Stern requests all other relief to which he may be justly entitled.

Respectfully Submitted,

/s/ Brent A. Devere

Brent A. Devere

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Texas Bar No. 00789256

1411 West Ave., Suite 200 

Austin, Texas 78701

Telephone: (512) 457-8080

Telecopieur: (512) 457-8060 fax

Email: BDevere@1411west.com

Attorney for Appellee David Stern

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 CERTIFICATE OF CONFERENCE

Pursuant to Tex. R. App. P. 10.1(5), I certify that the undersigned conferred 

with opposing counsel on April 13, 2015, who indicated that she does not oppose 

this motion.

/s/Brent A. Devere

Brent A. Devere

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CERTIFICATE OF SERVICE

Under Texas Rule of Appellate Procedure 9.5, I further certify that a copy 

of this brief was served on April 13, 2015 upon the following counsel for 

Appellant via Facsimile after 5:00 P.M.:

The Leifler Law Firm VIA FAX: 512-583-7294

Sandra M. Lefler

1530 Sun City Blvd., Suite 119

Austin, Texas 78633

Telephone: (512) 869-2579

Telecopieur: (512) 583-7294

Email:sleffler@leflerlegal.com

 

 /s/ Brent A. Devere

 Brent A. Devere

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