                                                                                   ACCEPTED
                                                                              03-14-00635-CV
                                                                                      4323752
                                                                     THIRD COURT OF APPEALS
                                                                               AUSTIN, TEXAS
                                                                          3/2/2015 1:33:41 AM
                                                                             JEFFREY D. KYLE
                                                                                        CLERK

                           No. 03-14-00635-CV
   __________________________________________________________________
                                                              FILED IN
                                                       3rd COURT OF APPEALS
             IN THE THIRD COURT OF APPEALS OF TEXAS        AUSTIN, TEXAS
   __________________________________________________________________
                                                       3/2/2015 1:33:41 AM
                                                         JEFFREY D. KYLE
          MICHAEL LEONARD GOEBEL AND ALL OTHER OCCUPANTS OF    Clerk
               207 CAZADOR DRIVE, SAN MARCOS, TEXAS 78666,

                                Appellants,

                                    v.

                    SHARON PETERS REAL ESTATE, INC.,

                                Appellee.
__________________________________________________________________

       ON APPEAL FROM THE COUNTY COURT AT LAW, HAYS COUNTY, TEXAS
                     TRIAL COURT CAUSE NO. 14-0385-C
   __________________________________________________________________

 APPELLEE’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE
                        BRIEF ON THE MERITS
  __________________________________________________________________

                                         Dr. J. Hyde
                                         Texas Bar No. 24027083
                                         THE J. HYDE LAW OFFICE, PLLC
                                         111 E. 17th Street #12015
                                         Austin, TX 78711
                                         Telephone: (512) 200-4080
                                         Fax: (512) 582-8295
                                         E-mail: jhyde@jhydelaw.com

                                         Counsel for Appellee
                           No. 03-14-00635-CV
   __________________________________________________________________

             IN THE THIRD COURT OF APPEALS OF TEXAS
   __________________________________________________________________

            MICHAEL LEONARD GOEBEL AND ALL OTHER OCCUPANTS OF
                207 CAZADOR DRIVE, SAN MARCOS, TEXAS 78666,

                                        Appellants,

                                             v.

                          SHARON PETERS REAL ESTATE, INC.,

                                Appellee.
__________________________________________________________________

       ON APPEAL FROM THE COUNTY COURT AT LAW, HAYS COUNTY, TEXAS
                     TRIAL COURT CAUSE NO. 14-0385-C
   __________________________________________________________________

  APPELLEE’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE
                         BRIEF ON THE MERITS
__________________________________________________________________

TO THE HONORABLE THIRD COURT OF APPEALS:

       Appellee Sharon Peters Real Estate, Inc., (“Peters”) by and through undersigned

counsel, respectfully moves for an extension of time to file its Brief on the Merits, and in

support thereof states as follows:

       1.     This case involves the appeal of a final judgment in a forcible detainer

action granting Peters immediate possession of the real property located at 207 Cazador

Drive, San Marcos, Texas 78666 (Property). Appellant Michael Goebel filed his Brief on

the Merits on 23 February 2015. Appellee’s Brief is currently due on 25 March 2015.



                                             2
       2.     Contemporaneously with this motion, Peters has filed a motion to dismiss

this appeal as moot on the grounds that Appellant is not currently in possession of the

property and has no claim of right to current possession.

       3.     If the Court grants Peters’ motion to dismiss, it would obviate the need for

Peters to file a full brief on the merits. Accordingly, in the interest of efficiency and

avoiding unnecessary costs and fees, Peters respectfully requests an extension of time to

file its brief while the motion to dismiss is pending. Peters specifically requests that the

Court tie the briefing deadline to the date the Court rules on the motion to dismiss, such

that no brief will be required if the Court grants the motion, and if the Court denies the

motion the brief will be due thirty days from the date of that order.

       4.     In the alternative, Peters respectfully requests that the deadline to file

Appellee’s Brief be extended for thirty days, until 24 April 2015. The undersigned is a

solo practitioner and has several hearings in various courts over the next three weeks.

Peters seeks an extension to ensure the quality of its brief.

       5.     Peters does not seek an extension for the purposes of delay, but does so for

good cause for the reasons expressed herein.



       WHEREFORE, Peters respectfully requests that the Court GRANT this motion

and (1) extend the deadline to file Appellee’s Brief while Appellee’s motion to dismiss

the appeal as moot is pending, such that the brief need not be filed if the Court grants the

motion and, if the Court denies the motion, the brief must be filed thirty days from the



                                              3
date the motion is denied; or, alternatively, (2) extend the deadline to file Appellee’s

Brief until 24 April 2015.


                                               Respectfully Submitted,


                                               /s/ J. Hyde
                                               ______________________________
                                               Dr. J. Hyde
                                               State Bar No. 24027083
                                               THE J. HYDE LAW OFFICE, PLLC
                                               111 E. 17th Street #12015
                                               Austin, Texas 78711
                                               Phone: (512) 200-4080
                                               Fax: (512) 582-8295
                                               E-mail: jhyde@jhydelaw.com

                                               Attorney for Appellee


                        CERTIFICATE OF CONFERENCE

        I hereby certify that I have conferred with opposing counsel David Rogers
regarding this motion and that Mr. Rogers stated he is NOT OPPOSED to the
relief requested herein.

                                               /s/ J. Hyde
                                               ______________________________
                                               Dr. J. Hyde




                                           4
                            CERTIFICATE OF SERVICE

       I hereby certify that, pursuant to Texas Rule of Appellate Procedure 9.5 and Local
Rule 4(d), a copy of Appellee’s Unopposed Motion for Extension of Time to File Brief
on the Merits was served on this 2nd day of March, 2015, via e-service, upon the
following:

David Rogers
1201 Spyglass, Suite 100
Austin, TX 78746

                                               /s/ J. Hyde
                                               ______________________________
                                               Dr. J. Hyde




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