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’ MOTION TO EXTEND TIME TO FILE APPELLANTS’ 

BRIEF TO TODAY, MAY 28, 2015 

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, contemporaneous with the filing of 

their Appellants’ Brief today, file this 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. This is Appellants’ third request for an extension of time to file 

their brief on the merits. The Court previously granted a second request to 

ACCEPTED

03-15-00019-CV

5459053

THIRD COURT OF APPEALS

AUSTIN, TEXAS

5/28/2015 4:17:00 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 5/28/2015 4:17:00 PM JEFFREY D. KYLE Clerk
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provide time for the court reporter to file the trial exhibits, which were 

inadvertently left out of the record. The deadline for Appellant’s Brief was set 

for May 8, 2015.

2. 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. 

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 April 8, 2015. The deadline after the second 

unopposed request for extension was May 8, 2015.

8. Appellants’ counsel received the supplement to the reporter’s 

record on April 13, 2015. Since receipt of the supplement, Appellants counsel 

has been occupied with the following matters:

a) Oral argument on April 15, 2015 to the 14th Court of Appeals in 

Case No. 14-14-00605-CV; Kelly v. Wiggins; in the Court of Appeals for the 

Fourteenth District of Texas;
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b) a summary judgment reply deadline in Cause No. 2013-68181; 

Ellington F. Holdings, LLC v. Tour Partners, Ltd, in the 55th District Court of 

Harris County, Texas;

c) trial preparation for a Monday, April 20, 2015 trial docket call in 

Cause No. 2013-68181; Ellington F. Holdings, LLC v. Tour Partners, Ltd, in 

the 55th District Court of Harris County, Texas (case subsequently set for trial 

beginning Tuesday, May 5, 2015);

d) a May 1, 2015 deadline for a Petition for Review to the Texas 

Supreme Court in Case No. 15-0334; Laday v. Pedraza; in the Supreme Court

of Texas;

e) a May 1, 2015 trial setting in Cause No. 12-DCV-198696; OGAB 

Investments, LLC v. Suarez; in the 269th District Court of Fort Bend County, 

Texas;

f) a May 5, 2015 trial setting in Cause No. 2013-68181; Ellington F. 

Holdings, LLC v. Tour Partners, Ltd, in the 55th District Court of Harris 

County, Texas;

g) a May 12, 2015 dispositive hearing in Cause No. CV-0070213; 

Kelly v. Wiggins; in County Court at Law No. 1 of Galveston County, Texas; 

and
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h) several motions, discovery deadlines, mediation, and various timesensitive matters in several pending cases.

9. Due to the commitments above, Appellants’ counsel was unable to 

prepare an adequate Appellants’ brief to aid the Court before the May 8, 2015 

deadline. Appellants’ counsel has completed Appellants’ Brief and has 

contemporaneously filed same today, Thursday, May 28, 2015. 

10. Appellants respectfully request that the Court extend time for

Appellants to file their Appellants’ Brief for 20 days, making the extended 

deadline today, Thursday, May 28, 2015. 

11. 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 a 20-day extension 

of time for filing their Appellants’ Brief for a new deadline of May 28, 2015 

and for all such further relief to which they may be justly entitled. 

TWOMEY | MAY, PLLC

/s/ George F. May/

_______________________________

George F. May

TBA NO. 24037050

2 Riverway, 15th Floor

Houston, Texas 77056

(713) 659-0000 [Telephone]

(832) 201-8485 [Telecopier]
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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 have authority to allow this motion to be filed as unopposed, but stated 

that Appellee will not seek dismissal of this Appeal. This motion is therefore 

filed as opposed. 

/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 28th day of May, 

2015.

Mr. Sean O’Neill Texas E-File/ E-Mail

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