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 98 th Judicial District Court of Trav is County, Texas Trial Court Cause No. D-1- GV

- 13 -000790

APPELLANT S’ 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, Appellant s 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 woul d 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

CLERK2

provide time for the court reporter to file the trial exhibits, which were
in advertently 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 98 th Judicial District
Court of Travis County, Texas

. T he trial court signed its final order on
December 1 , 2014.
5

. Appellants file d 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

. Appell ants’ 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 14 th Court of Ap peals in
Case No. 14

- 14

- 00605

- CV; Kelly v. Wiggins ; in the Court of Appeals for the Fourteenth District of Texas;3

b) a s ummary judgment reply deadline in Cause No. 2013

- 68181 ; Ellington F. Holdings, LLC v. Tour Partners, Ltd , in the 55 th 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 55 th District Court of Harris County, Texas (case subsequently set for trial beginni ng 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 269 th 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 t he 55 th 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;
and4

h) several motions, discovery deadlines, mediation , and various ti me sen si tive 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, T hursday, May 28 , 2015.
11

. Appella nts do not seek this extension for the purposes of delay but
onl y so that justice may be served

. PRAYER
For all these reasons, Appellant s respectfully request a 20

- day extension of time for filing their Appellants’ Brief for a new deadline of May 28 , 201 5
and for all such further relief to which t he y may be justly entitled

. TWOMEY | MAY, PLLC
/s/ George F. May

/

_______________________________ George F. May TBA NO. 2 4037050 2 Riverway, 15 th Floor Houston, Texas 77056 (713) 65 9

- 0000 [Telephone] (832) 201

- 8485 [Telecopier]5 george@twomeymay.com Attorney in Charge on Appeal for Jeff Kaiser, P.C. and Jeffery Benedict Kaiser , Appellant s

CERTIFICATE OF CONFERENCE: I certify that I confer red with counsel for App ellee who stated that Appellee does not have authority to allow this motion to be file d 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. May6 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 28 th 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 Tel ephone: 512

- 463

- 2173 Direct Line: 512

- 475

- 4255 Fax: 512

- 936

- 1 409 Email: Sean.Oneill@texasattorneygeneral.gov
/s/ George F. May/

___________________________ George F. May