CAUSE NO. 03-15-00243-CV

KRISTIN LEE § IN THE THIRD 

 Appellant, § 

§ 

vs. § COURT OF APPEALS 

§ 

K & N MANAGEMENT, INC. d\b\a § 

RUDY’S COUNTRY STORE AND § 

BAR-B-Q; § 

 Appellee. § AUSTIN, TEXAS 

APPELLANT’S UNOPPOSED MOTION 

TO EXTEND TIME TO FILE BRIEF 

TO THE HONORABLE COURT: 

Appellant Kristin Lee asks the Court to extend the time to file her brief until 

July 24, 2015. 

I. INTRODUCTION 

1. Appellant is Kristin Lee. Appellee is K & N Management, Inc. d\b\a 

Rudy’s Country Store and Bar-B-Q. 

2. A deadline of July 24, 2015 has been set by the Court to file a 

response to the Clerk’s letter of July 14, 2015. The letter notified Appellant that 

her brief was due as of June 26, 2015, as the Clerk’s record was filed May 20, 

2015. Appellant’s attorney received an e-mail indicating that the Clerk’s record 

had been filed; however, that e-mail was not read by counsel until the Clerk’s letter 

of July 14, 2015 was received. 

3. The parties have agreed to this motion. 

ACCEPTED

03-15-00243-CV

6128036

THIRD COURT OF APPEALS

AUSTIN, TEXAS

7/20/2015 9:07:43 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/20/2015 9:07:43 AM JEFFREY D. KYLE Clerk
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II. ARGUMENT & AUTHORITIES

4. The Court has the authority under Tex. R. App. P. 38.6(d) to extend 

the time to file a brief. 

5. Appellant’s brief was due on June 26, 2015.

6. Appellant requests that she be permitted to file her brief on July 24, 

2015.

7. No previous extension has been granted to extend the time to file 

Appellant’s brief.

8. Though an e-mail from the Clerk was sent to Appellant’s counsel on 

June 26, 2015 indicating that the Clerk’s record had been filed (and triggering the 

deadline for Appellant to file her brief), the e-mail was not seen by Appellant’s 

counsel until the Clerk’s letter of July 14, 2015 was sent. Appellant’s brief is 

prepared and will be filed concurrent with this request for extended time to file 

Appellant’s brief.

III.CONCLUSION

9. Appellant asks for additional time to file her brief. Appellant’s brief 

was due on June 26, 2015 and Appellant request that she be permitted until July 

24, 2015 to file her brief, which is being filed concurrent with this request.

IV. PRAYER

10. For these reasons, Appellant Kristin Lee asks the Court to grant an 

extension of time to file her brief until July 24, 2015. 
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Respectfully submitted,

LAW OFFICES OF PRICE AINSWORTH, P.C.

3821 JUNIPER TRACE, #210

AUSTIN, TEXAS 78738

price@ainsworth-law.com

512-233-1111

512-472-9157 fax

By: 

Price Ainsworth

State Bar No. 00950300

ATTORNEY FOR PLAINTIFF

CERTIFICATE OF CONFERENCE

I certify that I have conferred with Ethan Goodwin by e-mail, and he has 

agreed and is unopposed to extending Appellant’s time to file an answer. 

________________________________

Price Ainsworth

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing document has 

been served on the following counsel of record on this the 17th day of July 2015:

VIA FACSIMILIE – 512-383-0503

Ethan F. Goodwin

Clark, Price & Trevino

1701 Directors Boulevard, #920

Austin, Texas 78744

________________________________

Price Ainsworth