ACCEPTED 03-14-00505-CV 6512077 THIRD COURT OF APPEALS AUSTIN, TEXAS 8/14/2015 5:09:37 PM JEFFREY D. KYLE CLERK CAUSE NO. 03-14-00505-CV _________________________________________________ FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS IN THE COURT OF APPEALS 8/14/2015 5:09:37 PM FOR THE THIRD DISTRICT OF TEXAS JEFFREY D. KYLE AUSTIN DIVISION Clerk _________________________________________________

JERRY HOFROCK § § v. § § JUDY HORNSBY § _______________________________________________ APPELLEE’S FIRST MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF _______________________________________________

Justin Bradford Smith Texas Bar No. 24072348 Harrell, Stoebner, & Russell, P.C.

2106 Bird Creek Drive Temple, Texas 76502 Phone: (254) 771-1855 FAX: (254) 771-2082 Email: [email protected] ATTORNEY FOR APPELLEE

Appellee’s First Motion to Extend Time to File Appellee’s Brief Page 1 Hofrock v. Hornsby; Cause No. 03-14-00505-CV TO THE HONORABLE COURT OF APPEALS: COMES NOW, Appellee, JUDY HORNSBY, who files this First Motion for Extension of Time to File Appellant’s Brief, and shows unto the Court as follows: I.

Appellant’s brief is due on or before August 17, 2015.

II.

Appellant seeks an additional thirty days to file her brief, which should make her brief due on or before September 16, 2015. The reasons for such an odd number are: III.

Facts relied on to reasonably explain the need for an extension include the following: 1. Appellee’s counsel has a brief due on August 19, 2015 in Jonathan Lee Fehr v. State; Cause No. 03-15-00231-CR, and has been working on it diligently for several weeks since he has received two prior extensions to file the brief.

2. Reviewing opinion in Mitchell Hollis Wright v. State, Cause Nos. 03-14-00468-CR and 03-14-00469-CR, sending opinion to

Appellee’s First Motion to Extend Time to File Appellee’s Brief Page 2 Hofrock v. Hornsby; Cause No. 03-14-00505-CV client with explanation, drafting and filing motion for rehearing in 03-14-00469-CR, and filing Rule 48.4 letters. (July 28, 2015; August 11, 2015; August 12, 2015).

3. Reviewing opinions in Alexis Marie Ireland v. State, Cause Nos. 03-14-00615-CR and 03-14-00616-CR, and sending to client in compliance with Rule 48.4 (along with lengthy, detailed explanation of petition for discretionary review process and enclosing documents/rules to help plus several single-sided copies of opinions).

4. Work related to several new appeals: a. Roy Lee Nobles v. State, 03-15-00454-CR, Third Court of Appeals—Austin (July 23, 2015; July 30, 2015; August 6, 2015; August 10, 2015).

b. Darrell Wayne Love v. State, 03-15-00462-CR, Third Court of Appeals—Austin (July 24, 2015).

c. Dwayne Darnell McGowan v. State, 07-15-00270-CR, Seventh Court of Appeals—Amarillo (July 22, 2015; July 30, 2015).

Appellee’s First Motion to Extend Time to File Appellee’s Brief Page 3 Hofrock v. Hornsby; Cause No. 03-14-00505-CV 5. Work related to settlement of 10th Street and Avenue M Church of Christ, Inc. v. Church of Christ at Sammons Park, Inc., Cause No. 277,425-B; 146th District Court; Bell County, Texas.

Work performed on July 21, 2015; July 23, 2015; July 24, 2015; July 27, 2015; July 30, 2015; August 4, 2015; August 6, 2015.

6. Work related to modified order, requesting new findings of fact and conclusions of law, and informing Court of Appeals of modified order and its affect on the appellate timetables in In re: B.M.W., A Child; Cause No. 231,743-B; 146th District Court, Bell County, Texas; Appellate Cause No. 03-15-00380- CV. (Work performed on July 17, 2015; July 20, 2015; July 28, 2015; August 11, 2015).

7. Hearing on Non-Judicial Foreclosure on July 17, 2015 in 21st Century Mortgage Corporation v. Thomas Walker, et al; Cause No. 271,117-B; 146th District Court, Bell County, Texas.

8. Work related to new case to go on appeal in In re: H.C.C., Cause No. 254,204, 426th District Court, Bell County, Texas.

(August 7, 2015).

Appellee’s First Motion to Extend Time to File Appellee’s Brief Page 4 Hofrock v. Hornsby; Cause No. 03-14-00505-CV 9. Time lost due to being out to watch daughter on July 31, 2015.

IV.

No extensions have been requested and granted in this matter.

PRAYER WHEREFORE, PREMISES CONSIDERED, Appellant asks this Court to extend her time for filing his brief to thirty (30) days from the date her brief is currently due.

Respectfully submitted:

/s/ Justin Bradford Smith Justin Bradford Smith Texas Bar No. 24072348 Harrell, Stoebner, & Russell, P.C.

2106 Bird Creek Drive Temple, Texas 76502 Phone: (254) 771-1855 FAX: (254) 771-2082 Email: [email protected] ATTORNEY FOR APPELLEE

Appellee’s First Motion to Extend Time to File Appellee’s Brief Page 5 Hofrock v. Hornsby; Cause No. 03-14-00505-CV CERTIFICATE OF CONFERENCE I hereby certify that I conferred with Jerry Hofrock by email on August 14, 2015, and he does not oppose this motion.

/s/ Justin Bradford Smith Justin Bradford Smith

CERTIFICATE OF SERVICE I hereby certify that, on August 14, 2015, a true and correct copy of the Appellee’s First Motion to Extend Time to File Appellant’s Brief was provided to the party below via eservice: Jerry Hofrock 1601 Eagle Wing Cedar Park, Texas 78613 [email protected]

/s/ Justin Bradford Smith Justin Bradford Smith

Appellee’s First Motion to Extend Time to File Appellee’s Brief Page 6 Hofrock v. Hornsby; Cause No. 03-14-00505-CV