No. 03-15-00365-CV

IN THE

THIRD JUDICIAL DISTRICT COURT OF APPEALS

at AUSTIN, TEXAS

JAMES C. MOSSER and MOSSER LAW PLLC,

Appellants

v.

BOB MIMS,

Appellee

APPEALED FROM THE 340th JUDICIAL DISTRICT COURT

TOM GREEN COUNTY, TEXAS

APPELLANTS’ THIRD MOTION TO EXTEND TIME TO FILE ORIGINAL

BRIEF

COMES NOW, Appellants, James C. Mosser, and Mosser Law PLLC, and

files this their Motion to Extend Time to File Original Brief, and in support

thereof would show the following:

INTRODUCTION

1. Appellants are James C. Mosser, and Mosser Law, PLLC.

2. Appellee is Bob Mims.

3. There is no specific deadline to file this motion to extend time. See

APPELLANTS’ MOTION TO EXTEND TIME Page 1 of 5

ACCEPTED

03-15-00365-CV

7741308

THIRD COURT OF APPEALS

AUSTIN, TEXAS

11/9/2015 11:52:44 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 11/9/2015 11:52:44 AM JEFFREY D. KYLE Clerk
TEX. R. APP. P. 38.6(d).

ARGUMENT & AUTHORITIES

4. The Court has authority under Texas Rule of Appellate Procedure

38.6(d) to extend the time to file a brief.

5. Appellants’ Brief is Due on November 9, 2015

6. Appellants’ request an additional fourteen days to file their brief,

extending the time until Monday, November 23, 2015.

7. Two extensions has been granted to extend the time to file the

Appellants’ Brief.

8. In addition to working on this appeal, Counsel for Appellants has

been handling a very busy litigation schedule in the thirty days since

the court granted its previous extension. Counsel has engaged in

significant trial preparation work, trial attendance, discovery, and was

required to respond to a voluminous Motion for Summary Judgment.

9. Furthermore, the trial court’s extensive order awarding sanctions in

this case is nine pages long consisting of fifty-four paragraphs.

Appellant must respond to each assertion made therein, or it risks

waiving an issue on appeal. CR 1: 420-428

10. Additionally, Counsel for Appellants believes that the unique

APPELLANTS’ MOTION TO EXTEND TIME Page 2 of 5
positions on the law that undergird this case, positions on which the

Supreme Court has granted a Petition for Review, warrant additional

research to ensure that all matters are fully and adequately briefed

for this court. See Wood v. HSBC et al., 439 S.W.3d 585

(Tex.App.–Houston [14th Dist] 2014, pet. filed), review granted,

No.14-0714 (Tex. October 9, 2015).

11. Thus, this motion is not filed for the purpose of delay, but to allow

counsel adequate time to responsibly complete the brief on the

merits.

CONCLUSION

12. Appellant’s busy litigation schedule, coupled with the Supreme

Court’s decision to grant review in Wood v. HSBC and the effect that

decision may have on this appeal and the unique positions presented

in the trial court’s order and here warrants an additional extension of

time.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellants ask the Court to

grant an extension of time to file their brief until Monday, November 9,

2015

APPELLANTS’ MOTION TO EXTEND TIME Page 3 of 5
Respectfully Submitted, MOSSER LAW PLLC

/s/ Paul J. Downey

James C. Mosser

Texas Bar No. 00789784

Nicholas D. Mosser

Texas Bar No. 24075405

Paul J. Downey

Texas Bar No. 24080659

2805 Dallas Parkway, Suite 220

Plano, Texas 75093

Tel. (972) 733-3223

Fax. (469) 626-1073

courtdocuments@mosserlaw.com

CERTIFICATE OF CONFERENCE

I hereby certify that I have conferred with Larry W. Bale, Counsel for

Appellee, by telephone on November 9, 2015 in accordance with TEX. R.

CIV. P. 10.5(a)(5), and he remains opposed to any extensions in this case.

/s/ Paul J. Downey

Paul J. Downey.

CERTIFICATE OF SERVICE

I hereby certify that on November 9, 2015, I served a copy of Appellants’

Motion to Extend Time to File Original Brief on the party listed below by

electronic service and that the electronic transmission was reported as

complete. My email address is courtdocuments@mosserlaw.com

/s/ Paul J. Downey

Paul J. Downey

Appellee

Bob Mims, represented by

Hay, Wittenburg, Davis, Caldwell & Bale, LLP

Larry W. Bale

APPELLANTS’ MOTION TO EXTEND TIME Page 4 of 5
Texas Bar No. 01629830

P.O. Box 271

San Angelo, Texas 76092

Tel. (325) 658-2728

lwb@hwdcb.com

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