Acme Iron & Metal Company, a D/B/A of Txalloy, Inc. And Mayfield Paper Company, Inc . v. Republic Waste Services of Texas, Ltd., Sometimes D/B/A Trashaway Services And Duncan Disposal

Opinion

ACCEPTED

03-17-00664-CV

21589869

THIRD COURT OF APPEALS

AUSTIN, TEXAS 1/3/2018 4:38 PM JEFFREY D. KYLE

CLERK

No. 03-17-00664-CV

FILED IN

IN THE COURT OF APPEALS 3rd COURT OF APPEALS AUSTIN, TEXAS

FOR THE THIRD DISTRICT 1/3/2018 4:38:55 PM AUSTIN, TEXAS JEFFREY D. KYLE Clerk

ACME IRON & METAL COMPANY, A D/B/A OF TXALLOY, INC.; and MAYFIELD PAPER,

Appellants,

v.

REPUBLIC WASTE SERVICES OF TEXAS, LTD., SOMETIMES D/B/A TRASHAWAY SERVICES; AND DUNCAN DISPOSAL, Appellee.

APPELLANTS’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF

TO THE HONORABLE THIRD COURT OF APPEALS:

Appellants Acme Iron & Metal Company, a d/b/a Of Txalloy, Inc.; and

Mayfield Paper (“Appellants”) hereby move the Court for an extension of time of

thirty (30) days for the filing of their initial brief in the above-captioned action.

The current due date for Appellants’ brief is January 2, 2018. Appellants

respectfully request a thirty (30) day extension of the due date, to Thursday,

February 1, 2018.

Appellants request this extension of time pursuant to Texas Rule of

Appellate Procedure 38.6(d), due to numerous filing and other deadlines

Appellants’ counsel has in other cases and the intervening holidays. Appellants

have not requested an extension of time previously. Counsel for Appellants has

inquired as to whether Appellee will oppose this motion, and counsel for Appellee

has stated that the motion is not opposed.

Prayer

Appellants respectfully request that the Court grant their Unopposed Motion

for Extension of Time to File Initial Brief, making that brief due February 1, 2018.

Respectfully submitted,

GRAVES, DOUGHERTY, HEARON & MOODY, P.C. 401 Congress Avenue, Suite 2200 Austin, Texas 78701 (512) 480-5600 phone

/s/ James A. Hemphill James A. Hemphill State Bar No. 00787674 jhemphill@gdhm.com Direct Phone: (512) 480-5762 Direct Fax: (512) 536-9907 jhemphill@gdhm.com Christopher L. Elliott State Bar No. 06535400 celliott@gdhm.com David A. King State Bar No. 24083310 dking@gdhm.com

3

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing was served on the following counsel for Appellee via electronic service, with a courtesy copy via email, on the 3rd day of January, 2018:

Don W. Griffis Jackson Walker L.L.P. 301 West Beauregard Ave., Suite 200 San Angelo, Texas 76903 via email: dgriffis@jw.com

Charles L. Babcock Patrick R. Cowlishaw John K. Edwards Edwin Buffmire Jackson Walker L.L.P. 2323 Ross Avenue, Suite 600 Dallas, Texas 75201 via email: cbabcock@jw.com; pcowlishaw@jw.com; jedwards@jw.com; ebuffmire@jw.com

Connie Pfeiffer Beck Redden LLP 1221 McKinney Street, Suite 4500 Houston, Texas 77010 via email: cpfeiffer@beckredden.com

/s/ James A. Hemphill James A. Hemphill