Alpine Industries, Inc. and Lane Thomas Shinogle v. Benjamin Whitlock and Brianna Whitlock

Opinion

ACCEPTED 02-17-00396-CV SECOND COURT OF APPEALS FORT WORTH, TEXAS 12/20/2017 12:02 PM DEBRA SPISAK CLERK

No. 02-17-00396-CV

FILED IN 2nd COURT OF APPEALS In The FORT WORTH, TEXAS SECOND DISTRICT COURT OF APPEALS 12/20/2017 12:02:41 PM Fort Worth, Texas DEBRA SPISAK Clerk

ALPINE INDUSTRIES, INC. and LANE THOMAS SHINOGLE, Appellants, v.

BENJAMIN WHITLOCK and BRIANNA WHITLOCK, Appellees.

On Review from Cause No. 141-290670-17 In the 141st Judicial District Court, Tarrant County, Texas Honorable John P. Chupp, Presiding Judge

APPELLANTS’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF

Appellants Alpine Industries, Inc. and Lane Thomas Shinogle file this

Unopposed Motion for Extension of Time to File Brief and would respectfully show:

The Clerk’s Record and Reporter’s Record were filed in this accelerated

interlocutory appeal on December 12, 1017, and December 15, 2017, respectively.

Thus, the current deadline to file Appellants’ Brief is January 4, 2018. Appellants

request a fourteen-day extension of time to file their brief, which would make the brief

due on January 18, 2018. See Tex. R. App. 38.6(d). This is Appellants’ first request

for an extension of time to file their brief. This short extension of time is necessary because of the work and travel

schedule for lead appellate counsel Wade Crosnoe, which will prevent him from

preparing the brief by the current deadline. Because of the upcoming holidays, there

are only twelve business days within which to complete Appellants’ Brief. During that

time, Mr. Crosnoe will be in Dallas on December 21-22, 2017, for a law firm meeting

and other firm business. And he will be out of the office visiting family from

December 23-26, 2017. Mr. Crosnoe has also been involved in drafting an Answer,

which is due today, in a lawsuit styled A. Bors Properties, LLC d/b/a Winfield

Property Management v. Certain Underwriters at Lloyd’s, London, et al., Case No.

4:17-cv-00671-GKF-FHM, in the U.S. District Court for the Northern District of

Oklahoma. The compressed briefing schedule in this accelerated appeal, the upcoming

holidays, and Mr. Crosnoe’s work and travel schedule do not leave enough time to

complete Appellants’ Brief by the current deadline. Accordingly, Appellants seek a

fourteen-day extension of time in order to complete their brief.

Appellees are not opposed to this motion.

For these reasons, Appellants respectfully request that the Court grant this

motion and extend the deadline to file their brief until January 18, 2018. Appellants

also request all other relief to which they are justly entitled.

2 Respectfully submitted,

THOMPSON, COE, COUSINS & IRONS, L.L.P.

By: /s/ Wade C. Crosnoe Wade C. Crosnoe State Bar. No. 00783903 Thompson, Coe, Cousins and Irons, L.L.P. 701 Brazos, Suite 1500 Austin, Texas 78701 Telephone: (888) 708-8200 Telecopy: (512) 708-8777 E-mail: wcrosnoe@thompsoncoe.com

J. Richard Harmon State Bar No. 09020700 Heather H. Sauter State Bar No. 24042118 Cassie J. Dallas State Bar No. 24074105 Plaza of the Americas 700 N. Pearl Street, Twenty-Fifth Floor Dallas, Texas 75201-2832 Telephone: (214) 871-8200 Telecopy: (214) 871-8209 E-mail: rharmon@thompsoncoe.com E-mail: hsauter@thompsoncoe.com

COUNSEL FOR APPELLANTS ALPINE INDUSTRIES, INC. and LANE THOMAS SHINOGLE

3 CERTIFICATE OF CONFERENCE I certify that I conferred with Appellees’ counsel, David Keltner, regarding this motion, and that his clients are not opposed to this motion.

/s/ Wade C. Crosnoe Wade C. Crosnoe

CERTIFICATE OF SERVICE I certify that on December 20, 2017, this document was served on the following counsel via the Court’s electronic filing system or by email:

Mike M. Basset Charles Lindley Woods Sadie A. Horner The Basset Firm Two Turtle Creek Village 3838 Oak Lawn, Suite 1600 Dallas, Texas 75219 Counsel for Appellees

Tim Dollar Rachel D. Stahle Dollar, Burns & Becker, L.C. 1100 Main Street, Suite 2600 Kansas City, Missouri 64105 Counsel for Appellees

David E. Keltner State Bar No. 11239500 John T. Wilson IV State Bar No. 24033344 Kelly Hart & Hallman LLP 201 Main Street, Suite 2500 Fort Worth, Texas 76102 Counsel for Appellees

/s/ Wade C. Crosnoe Wade C. Crosnoe 4