Avalon Investments, LLC v. Jean Penick Spiller

Opinion

ACCEPTED 03-15-00039-CV 5058579 THIRD COURT OF APPEALS AUSTIN, TEXAS 4/28/2015 10:30:54 AM JEFFREY D. KYLE CLERK Case No. 03-15-00039-CV

FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD DISTRICT OF TEXAS4/28/2015 10:30:54 AM AUSTIN, TEXAS JEFFREY D. KYLE Clerk

AVALON INVESTMENTS, LLC, Appellant

V.

JEAN PENICK SPILLER, Appellee

On Appeal from Cause No. 08-0128-A; in the 207th Judicial District Court of Hays County, Texas; Honorable R. Bruce Boyer, Judge Presiding

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

TO THE HONORABLE THIRD COURT OF APPEALS:

NOW COMES Appellee Jean Penick Spiller, who respectfully requests an

extension of time to file Appellee’s Brief and would respectfully show the

following:

1. The current deadline to file Appellee’s Brief is May 8, 2015.

2. The undersigned counsel for Appellee has been preoccupied with the

following matters: protracted settlement negotiations in an adversarial probate

1 proceeding, a motion for summary judgment filed in a state district court

proceeding, and other pre-trial hearings, discovery and other commitments.

3. Additionally, the undersigned counsel experienced a hard drive crash

on his work computer which resulted in several days of reduced efficiency while

data was being recovered and a new operating system was purchased and set up.

This period of reduced efficiency has resulted in counsel having to “catch up” with

matters that arose during that time in addition to handling the matters that have

arisen since then.

4. In order to ensure that all of the issues are addressed and a full and

complete response to Appellant’s Brief is prepared, a fourteen (14) day extension

of time to file Appellee’s Brief is requested. If granted, this extension will result in

a new deadline of May 22, 2015 to file Appellee’s Brief.

5. This is the first request for an extension of time to file Appellee’s

Brief.

6. This request is not made for purposes of delay but so that a proper

brief can be prepared and justice can be served.

7. The undersigned counsel for Appellee Jean Penick Spiller has

conferred with counsel for Appellant Avalon Investments, LLC and this motion is

unopposed.

2 PRAYER

Appellee Jean Penick Spiller, requests the Court grant an extension of time

for filing Appellee’s Brief as requested herein and for such other and further relief

that the Court may allow.

Respectfully submitted,

/s/ Andrew Oliver ____________________ Andrew Oliver State Bar No. 24046556 9951 Anderson Mill Road, Suite 201 Austin, Texas 78750 (512) 233-1103 Telephone (512) 551-0330 Fax aoliver@oliverlawoffice.com

ATTORNEY FOR APPELLEE JEAN PENICK SPILLER

CERTIFICATE OF SERVICE

The undersigned hereby certifies that on April 28, 2015, a true and correct copy of this motion was served by facsimile transmission, upon the following attorney of record for Appellants:

Arthur G. Vega Law Offices of Arthur G. Vega 419 S. Main, Suite 301 San Antonio, Texas 78204 (210) 224-8888 (210) 225-7751 (Facsimile) Attorney for Appellant

/s/ Andrew Oliver _________________________ Andrew Oliver 3