Steven Webb, D/B/A Leander Trux-N-Karz v. Glenco Upshaw
Steven Webb, D/B/A Leander Trux-N-Karz v. Glenco Upshaw
Opinion
ACCEPTED 03-15-00590-CV 7416312 THIRD COURT OF APPEALS AUSTIN, TEXAS 10/16/2015 3:16:04 PM JEFFREY D. KYLE CLERK _______________________________________________________________________
No. 03-‐15-‐00590-‐CV FILED IN _______________________________________________________________________ 3rd COURT OF APPEALS AUSTIN, TEXAS IN THE COURT OF APPEALS 10/16/2015 3:16:04 PM THIRD JUDICIAL DISTRICT OF TEXAS JEFFREY D. KYLE AT AUSTIN, TEXAS Clerk ______________________________________________________________________
STEVEN WEBB D/B/A LEANDER TRUX-‐N-‐KARZ
Appellant,
VS.
GLENCO UPSHAW
Appellee.
_____________________________________________________________________
On Appeal from the 368th District Court of Williamson County, Texas Hon.
Rick Kennon, Judge Presiding Trial Court Case No. 11-‐613-‐C368 _____________________________________________________________________
APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME _____________________________________________________________________
N.
West Short State Bar No. 00788407
WEST SHORT & ASSOCIATES, P.C.
West 10th Street Georgetown, Texas 78626 512.864.3911 512.864.3966 (Fax)
ATTORNEYS FOR APPELLANT STEVEN WEBB D/B/A LEANDER TRUX-‐N-‐KARZ
APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME
Steven Webb, misnamed herein as “Steven Webb d/b/a Leander Trux-‐N-‐ Karz,” Appellant, respectfully asks the Court to extend the time to file his brief, and
in support hereof, would show the following:
A.
Introduction
1.
Appellant Steven Webb is an individual, and is one of the owners of a
used car dealership in Leander, Texas, called “Leander Trux-‐N-‐Karz, Inc.”
2.
The trial court entered a post-‐answer summary judgment against
Appellant by default on September 10, 2015.
3.
Appellant filed a pro se Notice of Appeal and a Motion for New Trial on
September 15, 2015.
4.
Appellant, through the undersigned counsel, then filed a First
Amended Motion for New Trial on October 5, 2015, contending that because
Appellant was not aware of the hearing on Appellee’s Motion for Summary
Judgment, he should be granted a new trial under the Craddock test and in the
interests of justice.
5.
Appellant’s First Amended Motion for New Trial is currently set for
hearing on October 29, 2015, and, if not ruled upon, will be denied by operation of
law on November 24, 2015.
B.
Arguments and Authorities
6.
Appellant’s brief is currently due on October 28, 2015.
7.
No extension has been previously granted to extend the time for
Appellant to file his brief.
APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME – PAGE of
8.
This request is being made because this appeal will become moot if
the trial court grants Appellant’s Motion for New Trial, and because even if
Appellant’s motion is denied by the trial court, the trial court’s actions could
substantially change the issues in this appeal.
9.
Appellant therefore requests an additional days after the trial court
has ruled on the Motion for New Trial, or the Motion for New Trial is denied by
operation of law, whichever is earlier, to file his brief.
PRAYER
For the reasons stated above, Appellant respectfully requests an extension of
time to file his brief until thirty (30) days after the trial court has ruled on the
Motion for New Trial that is currently before it, or the Motion for New Trial is
denied by operation of law, whichever is earlier.
Respectfully submitted,
WEST SHORT & ASSOCIATES, P.C.
By: /s/ N.
West Short
N.
West Short
State Bar No. 00788407
Michael Howell
State Bar No. 24009368
West 10th Street
Georgetown, TX 78626
512.864.3911
512.864.3966 (Fax)
ATTORNEYS FOR APPELLANT,
STEVEN WEBB
APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME – PAGE of
CERTIFICATE OF CONFERENCE
I certify that I contacted Cheryl McGirr, lead counsel for Appellee, on October 16, 2015, to determine whether she was opposed to this motion, but she was out of the office for the day and I was unable to speak with her.
/s/ N.
West Short
N.
West Short
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the above and foregoing has been e-‐ served via ProDoc on this 16th day of October, 2015:
Cheryl McGirr
McGirr Law, PC
S.
Lakeline Blvd., Suite
Cedar Park, Texas 78613
COUNSEL FOR APPELLEE
/s/ N.
West Short
N.
West Short
APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME – PAGE of
Case-law data current through December 31, 2025. Source: CourtListener bulk data.