Avalon Investments, LLC v. Jean Penick Spiller

Opinion

ACCEPTED

03-15-00039-CV

4506297

THIRD COURT OF APPEALS

AUSTIN, TEXAS

3/16/2015 10:35:01 AM

JEFFREY D. KYLE

CLERK

CAUSE NO. 03-15-00039-CV

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FILED IN

3rd COURT OF APPEALS

IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD JUDICIAL DISTRICT 3/16/2015 10:35:01 AM AUSTIN, TEXAS JEFFREY D. KYLE Clerk

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AVALON INVESTMENTS, LLC,

Appellant,

vs.

JEAN PENICK SPILLER,

Appellee.

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

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On Appeal from the 207th Judicial District Court of Hays County, Texas

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TO THE HONORABLE THIRD COURT OF APPEALS:

NOW COMES AVALON INVESTMENTS, LLC, Appellant in the above-referenced cause, and respectfully moves, pursuant to the Texas Rules of Appellate Procedure, in particular Rule 10.5(b), for an extension of time to file Appellant’s Brief and in support thereof would respectfully show this Honorable Court as follows:

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I. Introduction

1. Appellant is AVALON INVESTMENTS, LLC.

2. Appellee is JEAN PENICK SPILLER.

3. Appellant appealed from an order issued by the Judge of the 207th Judicial District Court granting Appellee’s motion for summary judgment.

4. Appellant’s brief is due March 23, 2015.

II. Argument

5. Due to the undersigned’s litigation schedule, hearings, depositions and other commitments, he will not be able to complete and file Appellant’s brief by March 23, 2015.

6. This is the first extension of time requested by Appellant to extend the time to file its brief. This extension is not sought for purposes of delay, but so that justice may be served.

7. Appellant’s attorney conferred with Appellee’s attorney prior to filing this motion for extension of time and Appellee’s attorney does not oppose said motion for extension of time.

8. Appellant respectfully requests an extension of time of fourteen (14) days until Monday, April 6, 2015, to file its brief.

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WHEREFORE PREMISES CONSIDERED, Appellant requests that this Honorable Court of Appeals grant its Motion for Extension of Time to file its Brief, extending the deadline until Monday, April 6, 2015.

Respectfully submitted,

LAW OFFICES OF ARTHUR G. VEGA 419 S. Main, Suite 301

San Antonio, Texas 78204

Telephone: (210) 224-8888 Facsimile: (210) 225-7751 E-mail: artavega@yahoo.com

/s/ Arthur G. Vega_________ ARTHUR G. VEGA

State Bar No. 20533600

ATTORNEY FOR APPELLANT

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above Unopposed Motion for Extension of Time to File Appellant’s Brief was forwarded via Fax. No.(512) 551-0330 to Appellee’s attorney, Mr. Andrew Oliver, OLIVER LAW OFFICE, 9951 Anderson Mill Road, Suite 201, Austin, Texas 78750 on this the 16th day of March, 2015.

/s/ Arthur G. Vega_________ ARTHUR G. VEGA