Apex ATX LLC v. Elizabeth Overby

Opinion

ACCEPTED

15-25-00169-CV

FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS

12/31/2025 11:53 AM

NO. 15-25-00169-CV CHRISTOPHER A. PRINE CLERK

FILED IN

IN THE FIFTEENTH COURT OF APPEALS 15th COURT OF APPEALS AUSTIN, TEXAS AUSTIN, TEXAS 12/31/2025 11:53:46 AM CHRISTOPHER A. PRINE

Clerk

APEX ATX LLC,

Appellant,

v.

ELIZABETH OVERBY,

Appellee.

ON APPEAL FROM THE 261ST JUDICIAL DISTRICT COURT OF TRAVIS COUNTY, TEXAS CAUSE NO. D-1-GN-25-000894 THE HONORABLE JAN SOIFER, PRESIDING

APPELLEE’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF

TO THE HONORABLE COURT OF APPEALS:

Appellee Elizabeth Overby (“Appellee”) files this Unopposed Motion for Extension of

Time and respectfully shows the Court as follows:

I.

MOTION FOR EXTENSION OF TIME

This case is on appeal from the 261st Judicial District Court in Travis County, Texas.

Appellee’s Brief is currently due on January 6, 2026.

The Court has authority to grant an extension of time. TEX. R. APP. P. 10.5(b).

Appellee seeks an extension of time of thirty days to file her Brief, so that the new

deadline to file Appellee’s Brief would be February 5, 2026.

2

Appellee’s counsel requests an extension of time based on current caseload obligations

and respectfully seeks additional time to sufficiently respond to and fully brief the issues

presented to the Court.

No previous extension of time to file Appellee’s Brief has been requested or granted.

This extension is not opposed by Appellant.

II.

CONCLUSION AND PRAYER

For the reasons discussed above, Appellee Elizabeth Overby respectfully requests that the

Court grant her Motion for Extension of Time and grant an additional thirty days in which to file

her Brief, until February 5, 2026.

Respectfully submitted,

SAVRICK, SCHUMANN, JOHNSON & MCGARR KAMINSKI & SHIRLEY, L.L.P.

By:

David A. Buono II State Bar No. 24001806 Jessica Marcoux Hall State Bar No. 24046348 The Overlook at Gaines Ranch 4330 Gaines Ranch Loop, Suite 150 Austin, Texas 78735 Phone: (512) 347-1604 Fax: (512) 347-1676 david@ssjmlaw.com jessica@ssjmlaw.com

ATTORNEYS FOR APPELLEE

3

CERTIFICATE OF CONFERENCE

In compliance with TEX. R. APP. P. 10.1(a)(5), I certify that on December 31, 2025, my office conferred with Mr. Terrazas, Ms. Foster and Ms. de la Garza (counsel for Appellant), and Ms. Foster responded that she does not oppose this motion.

Jessica Marcoux Hall

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing has been served electronically upon all counsel of record on this the 31st day of December, 2025:

Kevin J. Terrazas kterrazas@terrazaspllc.com Jennifer A. Foster jfoster@terrazaspllc.com Laura de la Garza ldelagarza@terrazaspllc.com TERRAZAS PLLC 1001 S. Capital of Texas Hwy. Bldg. L, Suite 250 Austin, Texas 78746

ATTORNEYS FOR APPELLANT

Jessica Marcoux Hall

Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Envelope ID: 109571311 Filing Code Description: Motion Filing Description: Appellee's Unopposed Motion for Extension of Time to File Brief Status as of 12/31/2025 1:13 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Jessica Hall 24046348 jessica@ssjmlaw.com 12/31/2025 11:53:46 AM SENT

Kevin Terrazas kterrazas@terrazaspllc.com 12/31/2025 11:53:46 AM SENT

Jennifer Foster jfoster@terrazaspllc.com 12/31/2025 11:53:46 AM SENT

David Buono david@ssjmlaw.com 12/31/2025 11:53:46 AM SENT

Henning Schmidt HSchmidt@stradlinglaw.com 12/31/2025 11:53:46 AM SENT

Deidra Clark deidra@ssjmlaw.com 12/31/2025 11:53:46 AM SENT

Laura de la Garza ldelagarza@terrazaspllc.com 12/31/2025 11:53:46 AM SENT