CAUSE NO. 03-14-00812-CV 

IN THE COURT OF APPEALS 

FOR THE 

 3rd JUDICIAL DISTRICT OF TEXAS 

AUSTIN, TEXAS 

___________________________________________________ 

BOBBIE WHITE, 

Appellant, 

VS. 

JOSEFINO BENCOMO III, 

Appellee 

___________________________________________________ 

APPELLEE’S FIRST UNOPPOSED 

MOTION TO EXEND TIME FOR FILING BRIEF 

From the District Court, 26th Judicial District 

of Williamson County, Texas 

Trial Court Cause No. 14-0374-C26, 

The Honorable Donna King, Judge 

___________________________________________________ 

Respectfully submitted, 

FRED E. WALKER, P.C. 

/s/Fred E. Walker 

Fred E. Walker 

Texas Bar No. 20700400 

609 Castle Ridge Road, Suite 220 

Austin, TX 78746 

Tel. (512) 330-9977 

Fax. (512) 330-1686 

Attorney for Defendant 

Josefino Bencomo III 

ATTORNEY FOR APPELLEE 

ACCEPTED

03-14-00812-CV

4957254

THIRD COURT OF APPEALS

AUSTIN, TEXAS

4/20/2015 3:39:31 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 4/20/2015 3:39:31 PM JEFFREY D. KYLE Clerk
TO THE HONORABLE THIRD COURT OF APPEALS: 

Pursuant to TEX. R. APP. P. 10.1 and 38.6(d), the Appellee, Josefino 

Bencomo III files this Unopposed First Motion to Extend Time to File 

Appellee’s Brief. 

Appellee’s opening brief is currently due on April 20, 2015. 

Counsel for Appellee requests a two week extension of time to file its brief, 

making the brief due on May 4, 2015. This is the first request for extension of 

time to file the opening brief. 

Counsel for Appellee relies on the following reasons, in addition to the routine 

matters that counsel must attend to in daily practice, to explain the need for the 

requested extension: 

Counsel is recovering from a recent medical procedure and, as a result, he will 

not be able to prepare the brief in time to meet the Court’s briefing deadline 

absent an extension. 

Counsel for Appellee seeks this extension of time to be able to prepare a cogent 

and succinct brief to aid this Court in its analysis of the issues presented. This 

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

The undersigned has conferred with opposing counsel, and he has indicated 

that his client does not oppose this motion. 

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

counsel signing this motion, therefore no verification is necessary under Rule 

of Appellate Procedure 10.2. 

PRAYER FOR RELIEF

For the reasons set forth above, Appellant/Appellee requests that this Court 

grant this Unopposed First Motion to Extend Time to File 

Appellant/Appellee’s Brief and extend the Deadline for Filing the Appellee’s 

Brief up to and including May 4, 2015. 
Respectfully submitted, 

FRED E. WALKER, P.C. 

/s/Fred E. Walker 

Fred E. Walker 

Texas Bar No. 20700400 

609 Castle Ridge Road, Suite 220 

Austin, TX 78746 

Tel. (512) 330-9977 

Fax. (512) 330-1686 

Attorney for Defendant 

Josefino Bencomo III 

ATTORNEY FOR APPELLEE 

CERTIFICATE OF CONFERENCE

I certify that I conferred with counsel for Appellant regarding this motion and 

that Appellant is not opposed to this motion. 

/s/Fred E. Walker 

Fred E. Walker

CERTIFICATE OF SERVICE

I certify that on April 20, 2015, I served a copy of this motion to Tony A Pitts, 

Counsel for Appellant, by facsimile transmission to 512-244-4355 and by email 

to tapitts@taplawfrim.com. 

/s/Fred E. Walker