ACCEPTED 03-14-00561-CV 13160289 THIRD COURT OF APPEALS AUSTIN, TEXAS 10/10/2016 5:57:07 PM JEFFREY D. KYLE CLERK

NO. 03-14-00561-CV

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 10/10/2016 5:57:07 PM KEVIN BIERWIRTH JEFFREY D. KYLE Appellant Clerk v.

FEDERAL NATIONAL MORT AGE ASSOCIATION Appellee.

APPELLANT'S MOTION TO EXTEND TIME FOR FILING APPELLANT'S MOTION FOR REHEARING EN BANC

TO THE HONORABLE COURT OF APPEALS I

Kevin Bierwirth, Appellant, moves this Court to grant an extension of time

to file Appellant's Motion for Rehearing En Bane and respectfully states:

I. Appellant's Motion for Rehearing En Bane was due on October 6, 2016.

2. Appellant seeks a five day extension of time to file Appellant's Motion

for Rehearing En Bane from the due date of the filing of the Motion, which would

make Appellant's Motion due on or before October 11,2016.

4. This extension of time is necessary because Appellant, required

additional time to write the Motion.

5. This is the first extension of time Appellant has sought for the filing

his Motion for Rehearing En Bane.

For these reason, Kevin Bierwirth requests that this court render an order extending the time for filing Appellant's Motion for Rehearing En Bane to and

including October 11 , 2016.

Ke; in Bierwirth / 13276 Research Blvd. Ste. 204 Austin, Texas 78750 (5 12) 825-033 1

CERTIFICATE OF CONFERENCE

On October 10, 2016, an attempt was made to confer with Douglas G. Dent,

attorney for the Appellee, in order to confer as to the extension but was unable to

reach Mr. Dent.

CERTIFICATE OF;S ~ RVICE

On October 11 , 20 16, a copy of the attached motion for extension of time was sent by U. S. Postal Service to:

Douglas G. Dent 6836 Bee Caves Road, Bldg. 3, Suite 303 Austin, TX 78746