ACCEPTED 03-14-00395-CV 3744048 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/13/2015 10:05:04 AM JEFFREY D. KYLE CLERK IN THE COURT OF APPEALS FOR THE THIRD JUDICAL DISTRICT AUSTIN, TEXAS FILED IN 3rd COURT OF APPEALS JOEL PAUL BACH § AUSTIN, TEXAS § 1/13/2015 10:05:04 AM Plaintiff-Appellant, § JEFFREY D. KYLE § Clerk v. § Case No. 03-14-00395-CV § TEXAS STATE UNIVERSITY, § § Defendant-Appellee. § UNOPPOSED MOTION TO WITHDRAW UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS: NOW COMES Appellant Joel Paul Bach by and through undersigned counsel, hereby moves to withdraw his Unopposed Motion For Extension of Time to File Appellant’s Brief, filed in error on January 12, 2015 at 5:19 p.m.

1. The opinion in this appeal was issued on 12/17/14.

2. Appellant’s counsel has conferred with counsel for the other parties, none of whom oppose the relief requested herein.

WHEREFORE, PREMISES CONSIDERED, Appellant respectfully request an Order withdrawing the unopposed motion.

Respectfully submitted, David K. Sergi & Associates, P.C.

By: /s/David K. Sergi David K. Sergi State Bar No. 18036000 S. Guadalupe Street San Marcos, Texas 78666 Telephone: (512) 392-5010 Facsimile: (512) 392-5042 E-Mail: [email protected] Attorney for Joel Paul Bach

CERTIFICATE OF CONFERENCE This is to certify that I, David K. Sergi, conferred with Appellee’s counsel, Erika M. Kane, via e-mail regarding the substance of this motion, and that Appellee’s counsel is unopposed.

/s/ David K. Sergi David K. Sergi

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document has been sent via ECF/CM, on January 13, 2015 to: Erika M. Kane Assistant Attorney General Office of the Attorney General P.O. Box 12548 Austin, Texas 78711-2548 [email protected]

/s/ David K. Sergi David K. Sergi