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 

TO FILE APPELLANTS’ BRIEF

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. Appellant requested the reporter’s record, including the trial 

transcript and all trial exhibits, on January 28, 2015. The Court Reporter 

promptly filed the reporter’s record on February 18, 2015. Unfortunately, the 

ACCEPTED

03-15-00019-CV

4815576

THIRD COURT OF APPEALS

AUSTIN, TEXAS

4/8/2015 4:36:16 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 4/8/2015 4:36:16 PM JEFFREY D. KYLE Clerk
2

trial exhibits, including a stipulation of facts between the parties, was

inadvertently left out of the reporter’s record. Appellants’ counsel did not

realize the omission had occurred until yesterday, April 7, 2015. Counsel

apologizes to the Court for his mistake in believing that the record was

complete and for not catching the omission earlier.

2. Appellants are requesting a short extension of time to file their

brief for a time sufficient for the Court Reporter to include in the record the

factual stipulation and trial exhibits. Appellants seek an extension for the lesser

of 7-days following the court reporter’s supplemental filing or 30-days from

today, which would make the extended deadline no later than May 8, 2015. 

Appellants’ counsel has communicated with the Court Reporter, who indicates

that the inadvertently omitted exhibits and stipulation of facts will be filed with

the Court promptly.

3. This is Appellants’ second request for an extension of time to file

their brief on the merits.

4. 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. The trial court signed its final order on

December 1, 2014. 
3

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

law on December 8, 2014. 

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

7. Appellants’ original deadline to file their brief was set for Friday,

March 20, 2015, and the deadline after the first unopposed extension was

granted by the Court was today, April 8, 2015.

8. Appellants respectfully request that the Court of Appeals extend

time for Appellants to file their Appellants’ Brief until the lesser of 7-days

following the court reporter’s supplemental filing or 30-days from today, which

would make the extended deadline no later than May 8, 2015.

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

only so that justice may be served. 

PRAYER

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

for filing their Appellants’ Brief for the lesser of 7-days following the court

reporter’s supplemental filing or 30-days from today, which would make the

extended deadline no later than May 8, 2015, and for all such further relief to

which they may be justly entitled. 
4

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,

Appellants

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
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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 8

th day of April,

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