Angela Brooks-Brown v. USAA Texas Lloyd's Company

Opinion

ACCEPTED 03-15-00451-CV 7040244 THIRD COURT OF APPEALS AUSTIN, TEXAS 9/22/2015 3:11:22 PM JEFFREY D. KYLE CLERK NO. 03-­‐‑15-­‐‑00451-­‐‑CV

FILED IN ANGELA BROOKS-­‐‑BROWN § 3rd IN THE THIRD COURT OF APPEALS § AUSTIN, TEXAS 9/22/2015 3:11:22 PM v. § COURT OF APPEALS JEFFREY D. KYLE § Clerk

USAA TEXAS LLOYD’S COMPANY § AUSTIN, TEXAS

APPELLANT’S MOTION TO EXTEND TIME TO FILE BRIEF

Appellant asks the Court to extend the time to file her brief.

A. INTRODUCTION

1. Appellant is Angela Brooks-­‐‑Brown; Appellee is USAA Texas

Lloyd’s Company.

2. There is no specific deadline to file this motion to extend time. See

Tex. R. App. P. 38(d).

B. ARGUMENT & AUTHORITIES

3. Appellant’s brief is due on September 22, 2015.

4. Appellant requests an additional 25 days to file her brief, extending

the time until October 19, 2015.

5. No extension has been granted to extend the time to file appellant’s

brief.

Page 1 of 5 6. Appellant needs additional time to file her brief because:

a. Counsel for appellant attended a continuing education course

in Denver, Colorado on September 17, 2015. Counsel registered for

this course in early August 2015. As a prerequisite to attending the

course, counsel was required to view more than seven hours of video

material and was also required to pass a test on the material.

Counsel viewed the video material and took the examination on

September 14, 2015, and September 15, 2015. September 11, 2015 was

the earliest date on which counsel could begin viewing the video

material. Counsel traveled to Denver, Colorado on September 16,

2015. Counsel returned from Denver on September 18, 2015.

b. Appellee, USAA Texas Lloyd’s Company, filed a motion to

dismiss this appeal on September 11, 2015. Counsel for appellant is

in the process of responding to that motion and will file that response

no later than tomorrow, September 23, 2015. Counsel’s attention to

appellee’s motion to dismiss has reduced the time available to

Page 2 of 5 counsel to draft appellant’s brief, as the motion to dismiss has taken

priority over the drafting of appellant’s brief.

c. Counsel requests a 25-­‐‑day extension of time to file appellant’s

brief. Counsel has registered and paid travel expenses, lodging

expenses and attendance fees for a continuing legal education course

in Atlanta, Georgia and counsel will attend that course on October 5,

2015 through October 8, 2015. Counsel will travel to Atlanta on

October 4, 2015 and will return to Texas on October 9, 2015.

Therefore, counsel has requested a 25-­‐‑day extension to ensure that he

has sufficient time to draft and file appellant’s brief.

C. PRAYER

7. For these reasons, appellant asks the Court to grant an extension of

time to file her brief until October 19, 2015.

Page 3 of 5 Respectfully Submitted,

SCOTT LAW OFFICES 350 Pine Street, Suite 300 Beaumont, Texas 77701 Telephone: (409) 833-­‐‑5400 Facsimile: (409) 833-­‐‑5405

/s/ Danny Ray Scott _________________________ Danny Ray Scott State Bar No. 24010920 Email: Danny@scottlawyers.com SEAN M. PATTERSON State Bar No. 24073546 Email: sean@scottlawyers.com VIRGINIA IZAGUIRRE State Bar No. 24083230 Email: virginia@scottlawyers.com

Attorneys for Plaintiff

CERTIFICATE OF CONFERENCE

I certify that I have attempted to confer with Lisa Songy via email on September 22, 2015. At the time of my filing of this motion, Ms. Songy had not yet responded to my email. If Ms. Songy communicates her non-­‐‑ opposition to my filing of this motion subsequent to filing, I will so inform the court.

/s/ Danny Ray Scott ______________________________ Danny Ray Scott

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CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document was served on the parties listed below electronically though the court’s electronic-­‐‑filing manager on September 22, 2015:

Lisa A. Songy TOLLEFSON BRADLEY MITCHELL & MELENDI, LLP 2811 McKinney Avenue, Suite 250 West Dallas, Texas 75204 E-­‐‑Mail Address: LisaS@tbmmlaw.com

/s/ Danny Ray Scott ______________________________ Danny Ray Scott

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