ACCEPTED 03-14-00812-CV 5155622 THIRD COURT OF APPEALS AUSTIN, TEXAS 5/5/2015 12:52:44 PM JEFFREY D. KYLE CLERK CAUSE NO. 03-14-00812-CV IN THE COURT OF APPEALS FILED IN 3rd COURT OF APPEALS FOR THE AUSTIN, TEXAS 3rd JUDICIAL DISTRICT OF TEXAS 5/5/2015 12:52:44 PM AUSTIN, TEXAS JEFFREY D. KYLE Clerk

BOBBIE WHITE, Appellant, VS. JOSEFINO BENCOMO III, Appellee

APPELLEE’S SECOND UNOPPOSED MOTION TO EXEND TIME FOR FILING BRIEF From the District Court, 26th Judicial District of Williamson County, Texas Trial Court Cause No. 14-0374-C26; The Honorable Donna King, Judge

Respectfully submitted, FRED E. WALKER, P.C.

/s/Fred E. Walker Fred E. Walker Texas Bar No. 20700400 Castle Ridge Road, Suite 220 Austin, TX 78746 Tel. (512) 330-9977 Fax. (512) 330-1686 [email protected] Attorney for Defendant Josefino Bencomo III ATTORNEY FOR APPELLEE TO THE HONORABLE THIRD COURT OF APPEALS: Pursuant to TEX. R. APP. P. 10.1 and 38.6(d), the Appellee, Josefino Bencomo III files this Unopposed Second Motion to Extend Time to File Appellee’s Brief.

Appellee’s opening brief is currently due on May 4, 2015.

Counsel for Appellee requests a one day extension of time to file its brief, making the brief due on May 5, 2015. This is the second request for extension of time to file the opening brief.

Counsel for Appellee relies on the following reasons, in addition to the routine matters that counsel must attend to in daily practice, to explain the need for the requested extension: Counsel incorrectly docketed the due date for the brief as being May 5 rather than May 4. Appellee’s brief Is being filed contemporaneously with this motion.

Counsel for Appellee seeks this extension of time to be able to prepare a cogent and succinct brief to aid this Court in its analysis of the issues presented. This request is not sought for delay but so that justice may be done.

The undersigned has conferred with opposing counsel, and he has indicated that his client does not oppose this motion.

All facts recited in this motion are within the personal knowledge of the counsel signing this motion therefore no verification is necessary under Rule of Appellate Procedure 10.2.

PRAYER FOR RELIEF

For the reasons set forth above, Appellant/Appellee requests that this Court grant this Unopposed First Motion to Extend Time to File Appellant/Appellee’s Brief and extend the Deadline for Filing the Appellee’s Brief up to and including May 5, 2015.

Respectfully submitted, FRED E. WALKER, P.C.

/s/Fred E. Walker Fred E. Walker Texas Bar No. 20700400 Castle Ridge Road, Suite 220 Austin, TX 78746 Tel. (512) 330-9977 Fax. (512) 330-1686 [email protected] Attorney for Defendant Josefino Bencomo III ATTORNEY FOR APPELLEE CERTIFICATE OF CONFERENCE I certify that I conferred with counsel for Appellant regarding this motion and that Appellant is not opposed to this motion.

/s/Fred E. Walker Fred E. Walker

CERTIFICATE OF SERVICE I certify that on May 5, 2015, I served a copy of this motion to Tony A.

Pitts, Counsel for Appellant, by facsimile transmission to 512-244-4355 and by email to [email protected].

/s/Fred E. Walker