NO. 03-14-00819-CV

 

IN THE COURT OF APPEALS FOR THE

THIRD COURT OF APPEALS DISTRICT

AUSTIN, TEXAS

 

Judy Weirich 

v.

IESI Corp. and Southside Wrecker, Inc.

 

APPELLANT’S SECOND MOTION FOR EXTENSION OF TIME TO

FILE BRIEF OF APPELLANT

TO THE HONORABLE COURT OF APPEALS:

Appellant Judy Weirich, respectfully present this motion to extend time to 

file her brief pursuant to TEX. R. APP. P. 10.5(b) and 38.6(d). In support of her

motion, Appellant would show the Court as follows:

I.

 

Appellant’s counsel attempted to timely file Appellant’s brief on April 8, 

2015. Please refer to copy of email message to counsel’s electronic service 

provider attached as Exhibit “A”. 

However, for reasons unknown to Appellant’s counsel, the electronic service 

provider did not receive Appellant’s brief as intended and consequently, the brief 

was not timely filed. 

II.

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ACCEPTED

03-14-00819-cv

4916969

THIRD COURT OF APPEALS

AUSTIN, TEXAS

4/16/2015 1:36:31 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 4/16/2015 1:36:31 PM JEFFREY D. KYLE Clerk
For this reason, the undersigned was not able to timely file the Appellant’s 

brief by its current due date of April 8, 2015 and files it simultaneously with this 

Motion. The only difference in the original filing and the brief filed on this date is 

the addition of the Certificate of Compliance which was inadvertently omitted 

from the previous brief.

WHEREFORE, PREMISES CONSIDERED, Appellant respectfully 

requests that the Court grant her motion for extension of time in which to file her

brief and that the Court grant such other and further relief to which Appellant may 

show herself to be justly and equitably entitled.

Respectfully submitted,

ZACHARY P. HUDLER, P.C.

By: /S/ Zachary P. Hudler

 Zachary P. Hudler

 State Bar No. 24032318

 P.O. Box 1728

100 E. Pecan Street, Suite One

Johnson City, Texas 78636

830.868.7651 (Telephone)

830.868.7636 (Facsimile)

Zachary@hudlerlaw.com

ATTORNEY FOR APPELLANT

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CERTIFICATE OF CONFERENCE

I hereby certify that Counsel for Appellant conferred with IESI Corp.’s 

attorney Vaughan Waters and Southside Wrecker Inc.’s attorney George Petras by 

email and telephone on April 9, 2015 regarding the merits of this Motion. Counsel 

for IESI Corp. Vaughan Waters stated that he was not opposed to this request. 

Counsel for Southside Wrecker Inc. George Petras responded and stated that he 

was not opposed to this request. This motion is being presented for the court’s 

consideration.

/S/ Zachary P. Hudler

 Zachary P. Hudler

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing has been sent to counsel listed 

below in the following manner on this the 9th day of April, 2015.

VIA E-SERVICE

Mr. George J. Petras IV

The Petras Law Firm

1504 San Antonio Street

Austin, Texas 78701

Attorney for Southside Wrecker, Inc. 

gpetras@petraslawfirm.com

VIA E-SERVICE

Mr. Vaughan Waters

Thorton, Biechlin, Segrato, Reynolds & Guerra, L.C.

100 N.E. Loop 410

San Antonio, Texas 78216

Attorneys for IESI Corporation

vwaters@thortonfirm.com

_/S/ Zachary P. Hudler

Zachary P. Hudler

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