Chase Tutor v. Douglass McLain

ACCEPTED
15-25-00175-CV
FIFTEENTH COURT OF APPEALS
AUSTIN, TEXAS
11/20/2025 10:58 AM
No. 03-25-00749-CV CHRISTOPHER A. PRINE
CLERK
(Transferred to the Fifteenth Court of Appeals)
FILED IN
15th COURT OF APPEALS
AUSTIN, TEXAS
11/20/2025 10:58:36 AM
IN THE CHRISTOPHER A. PRINE
Clerk
FIFTEENTH COURT OF APPEALS
AUSTIN, TEXAS

CHASE TUTOR
Appellant,
v.
DOUGLASS MCLAIN
Appellee,

APPELLANT CHASE TUTOR’S MOTION TO EXTEND TIME FOR FILING
APPELLANT’S BRIEF

TO THE HONORABLE COURT OF APPEALS:
Appellant Chase Tutor (“Appellant”) files this Motion to Extend Time to

File Appellant’s Brief and, in support, respectfully states the following:

1. The Court has authority under Texas Rule of Appellate Procedure 38.6(d) to

extend the time to file a brief.

2. Appellant’s Brief was first due to be filed with this court on November 21,

2025—i.e., the next day from 30 days after the clerk’s or reporter’s record is
filed, which ever is later, that is not a Saturday, Sunday, or legal holiday. (See

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

3. Appellant seeks a 30-day extension of time to file Appellant’s Brief, which

would make Appellant’s Brief due on or before December 22, 2025.

4. Good cause exists for this extension. Counsel for Appellant has been required

to devote substantial time to multiple hearings, motion practice, and briefing

deadlines in other trial and appellate matters during the period leading up to

Appellant’s current briefing deadline. These obligations have made it difficult

to complete Appellant’s brief with the level of accuracy, citation, and depth

that the issues warrant. Additional time is needed to ensure complete and

accurate presentation of the appellate arguments.

5. This is Appellant’s first request for an extension of time to file his brief.

6. Counsel for Appellant has conferred with counsel for Appellee Douglass

McLain (“Appellee”) and Appellee does not oppose this motion to extend

time.
PRAYER

For these reasons, Appellant Chase Tutor requests that this Court render an

order extending the time for filing Appellant’s Brief to and including December 22,

2025. Appellant also requests any other relief to which he may be entitled.

Respectfully submitted,

Russell Frost
Texas Bar No. 24063687
Law Office of Russell Frost, PLLC
711 W 7th Street
Austin, Texas 78701
Phone: (512) 225-5590
Fax: (512) 692-2895
rfrost@russellfrostlaw.com
ATTORNEYS FOR APPELLANT
CHASE TUTOR
CERTIFICATE OF CONFERENCE
This certifies that the undersigned counsel for Appellant Chase Tutor

conferred with Counsel for Appellee Douglas McLain regarding the merits of this

motion, and Appellee does not oppose this motion.

Russell Frost
CERTIFICATE OF SERVICE

I hereby certify that the above and foregoing document has been served upon

the following in accordance with the Texas Rules of Civil Procedure on this the 20th

day of November 2025.

Russell Frost