James C. Mosser and Mosser Law PLLC v. Bob Mims

ACCEPTED 03-15-00365-CV 7741308 THIRD COURT OF APPEALS AUSTIN, TEXAS 11/9/2015 11:52:44 AM JEFFREY D. KYLE CLERK No. 03-15-00365-CV

IN THE FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS THIRD JUDICIAL DISTRICT COURT OF APPEALS 11/9/2015 11:52:44 AM JEFFREY D. KYLE at AUSTIN, TEXAS Clerk

JAMES C. MOSSER and MOSSER LAW PLLC, Appellants v.

BOB MIMS,

Appellee

APPEALED FROM THE 340th JUDICIAL DISTRICT COURT TOM GREEN COUNTY, TEXAS

APPELLANTS’ THIRD MOTION TO EXTEND TIME TO FILE ORIGINAL BRIEF

COMES NOW, Appellants, James C. Mosser, and Mosser Law PLLC, and files this their Motion to Extend Time to File Original Brief, and in support thereof would show the following:

INTRODUCTION

1. Appellants are James C. Mosser, and Mosser Law, PLLC.

2. Appellee is Bob Mims.

3. There is no specific deadline to file this motion to extend time. See

TEX. R. APP. P. 38.6(d).

ARGUMENT & AUTHORITIES

4. The Court has authority under Texas Rule of Appellate Procedure 38.6(d) to extend the time to file a brief.

5. Appellants’ Brief is Due on November 9, 2015 6. Appellants’ request an additional fourteen days to file their brief, extending the time until Monday, November 23, 2015.

7. Two extensions has been granted to extend the time to file the Appellants’ Brief.

8. In addition to working on this appeal, Counsel for Appellants has been handling a very busy litigation schedule in the thirty days since the court granted its previous extension. Counsel has engaged in significant trial preparation work, trial attendance, discovery, and was required to respond to a voluminous Motion for Summary Judgment. 9. Furthermore, the trial court’s extensive order awarding sanctions in this case is nine pages long consisting of fifty-four paragraphs.

Appellant must respond to each assertion made therein, or it risks waiving an issue on appeal. CR 1: 420-428

10. Additionally, Counsel for Appellants believes that the unique positions on the law that undergird this case, positions on which the Supreme Court has granted a Petition for Review, warrant additional research to ensure that all matters are fully and adequately briefed for this court. See Wood v. HSBC et al., 439 S.W.3d 585 (Tex.App.–Houston [14th Dist] 2014, pet. filed), review granted, No.14-0714 (Tex. October 9, 2015).

11. Thus, this motion is not filed for the purpose of delay, but to allow counsel adequate time to responsibly complete the brief on the merits.

CONCLUSION

12. Appellant’s busy litigation schedule, coupled with the Supreme Court’s decision to grant review in Wood v. HSBC and the effect that decision may have on this appeal and the unique positions presented in the trial court’s order and here warrants an additional extension of time.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellants ask the Court to grant an extension of time to file their brief until Monday, November 9, 2015

Respectfully Submitted, MOSSER LAW PLLC /s/ Paul J. Downey

James C. Mosser

Texas Bar No. 00789784

Nicholas D. Mosser

Texas Bar No. 24075405

Paul J. Downey

Texas Bar No. 24080659

2805 Dallas Parkway, Suite 220

Plano, Texas 75093

Tel. (972) 733-3223

Fax. (469) 626-1073 [email protected]

CERTIFICATE OF CONFERENCE

I hereby certify that I have conferred with Larry W. Bale, Counsel for Appellee, by telephone on November 9, 2015 in accordance with TEX. R. CIV. P. 10.5(a)(5), and he remains opposed to any extensions in this case. /s/ Paul J. Downey

Paul J. Downey.

CERTIFICATE OF SERVICE

I hereby certify that on November 9, 2015, I served a copy of Appellants’ Motion to Extend Time to File Original Brief on the party listed below by electronic service and that the electronic transmission was reported as complete. My email address is [email protected] /s/ Paul J. Downey

Paul J. Downey

Appellee

Bob Mims, represented by

Hay, Wittenburg, Davis, Caldwell & Bale, LLP

Larry W. Bale Texas Bar No. 01629830

P.O. Box 271

San Angelo, Texas 76092

Tel. (325) 658-2728 [email protected]