AAMCO Transmissions, Inc. v. James A. Bova

Opinion

ACCEPTED 01-14-00974-cv FIRST COURT OF APPEALS HOUSTON, TEXAS 5/14/2015 12:49:47 PM CHRISTOPHER PRINE CLERK

CAUSE NO. 01-14-00974-CV

FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS In The 5/14/2015 12:49:47 PM Court of Appeals CHRISTOPHER A. PRINE For The Clerk st 1 District of Texas ________________________________________

AAMCO TRANSMISSIONS, INC. Appellant,

v.

JAMES A. BOVA Appellee. ________________________________________

On Appeal from the 113th Judicial District Court Harris County, Texas Trial Court No. 2013-77066 ________________________________________

Appellee’s Motion to Extend Time to File Reply to Appellant’s Brief ________________________________________

Mestemaker, Straub & Zumwalt David K. Mestemaker SBN: 13974600 FBN: 14410 3100 Timmons Lane Suite 455 Houston, Texas 77027 Telephone: (713) 626-8900 Facsimile: (713) 626-8900 Counsel for Appellant APPELLEE’S MOTION TO EXTEND TIME TO FILE REPLY TO APPELLANT’S BRIEF

COMES NOW, JAMES A. BOVA, Appellee in the above- entitled and numbered

cause, by and through his attorney, David K. Mestemaker of Mestemaker, Straub &

Zumwalt, and files this Motion to Extend Time to File Reply to Appellant’s Brief, and in

support thereof, would respectfully show unto the Court as follows:

1. This matter is on appeal from the 113th District Court of Harris County. The

matters on appeal are the rulings from a Default Judgment that resulted in a Final

Judgment signed on June 9, 2014. The Trial Court cause number is 2013-77066. The case

was styled James A. Bova v. AAMCO Transmissions, Inc.

2. Appellee’s reply brief is due on Thursday, May 21, 2015. Appellant seeks

an extension of time of 8 days, making Appellee’s reply brief due on Friday, May 29,

2015.

3. Due to Appellee’s counsel’s schedule, of preexisting hearing and trial dates,

it would be difficult and impose a hardship for Appellee’s counsel to properly reply to

Appellant’s brief. Appellee’s counsel has been called to trial in the 82nd Judicial District

Court of Robertson County, Texas, for Cause No. 13-10-19432-CV.

4. This Motion is not being made for the purpose of delay, but so that justice

may be done.

5. Appellee prays that this Court grant Appellee an extension of time to file

his reply to Appellant’s brief, pursuant to Texas Rules of Civil Procedure 10.5 and 38.6(d), to at least May 29, 2015, and all other relief, at law or in equity, to which he

shows himself justly entitled.

Respectfully Submitted:

Mestemaker, Straub & Zumwalt

/s/ David K. Mestemaker ____________________________ Mestemaker, Straub & Zumwalt David K. Mestemaker SBN: 13974600 FBN: 14410 3100 Timmons Lane Suite 455 Houston, Texas 77027 Telephone: (713) 626-8900 Facsimile: (713) 626-8900 Counsel for Appellant

CERTIFICATE OF SERVICE

As required by Texas Rule of Appellate Procedure 6.3 and 9.5(b), (d), (e), I certify that I have served this document on all other parties on May 14, 2015.

/s/ David K. Mestemaker ____________________________ Mestemaker, Straub & Zumwalt David K. Mestemaker SBN: 13974600 FBN: 14410 3100 Timmons Lane Suite 455 Houston, Texas 77027 Telephone: (713) 626-8900 Facsimile: (713) 626-8900 Counsel for Appellant