Casey A. Koehler and Jennifer Phy, as Administratrix of the Estate of Evelyn Landua Koehler v. Kanda Koehler

Opinion

ACCEPTED 03-14-00035-CV 6597015 THIRD COURT OF APPEALS AUSTIN, TEXAS 8/21/2015 10:54:28 AM JEFFREY D. KYLE CLERK

No. 03-14-00035-CV FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS In the Court of Appeals 8/21/2015 10:54:28 AM For the Third Judicial District JEFFREY D. KYLE Clerk Sitting at Austin, Texas

In the Estate of Evelyn Landua Koehler, Deceased

Appealed from the County Court at Law No. 1 of Bell County, Texas

Unopposed Motion to Extend Time to File Appellants’ Brief on the Merits

Robert Little State Bar No. 24050940 little@namanhowell.com Kristen A. Mynar State Bar No. 24074785 kmynar@namanhowell.com

Naman, Howell, Smith & Lee, PLLC 400 Austin Ave., Ste. 800 Waco, Texas 76701 254-755-4100 254-754-6331 (fax)

Attorneys for Appellant

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No. 03-14-00035-CV In the Court of Appeals For the Third Judicial District Sitting at Austin, Texas

In the Estate of Evelyn Landua Koehler, Deceased

Unopposed Motion to Extend Time to File Appellants’ Brief on the Merits

To the Honorable Court of Appeals:

Comes now Casey A. Koehler and Jennifer Phy, who are the Appellants in

the above case, and file this Unopposed Motion to Extend Time to File Appellants’

Brief on the Merits. In support of this Motion, Appellant shows as follows:

1. The Notice of Appeal was filed in this case on January 21, 2014. The

Clerk’s Record in this case was first filed on April 17, 2014. However, the

Reporter’s Record was only filed on July 22, 2015. Appellants’ Brief on the

Merits is currently due on August 21, 2015.

{03526737.DOC / } 2. Appellants have not previously requested an extension of time.

3. Appellants request an additional extension of time for 30 days to file

its Brief. If granted, the extension would change the due date for the Appellants’

Brief on the Merits to September 20, 2015.

4. Good cause exists for the extension of time to file the Appellants’

Brief in this case. The parties are attempting to resolve this matter, and have

agreed that an extension of time for filing of the briefs in this case will facilitate

those discussions and assist the parties in attempting to get the case resolved.

5. No party will be prejudiced by the extension of time requested.

Appellee does not oppose this request. Therefore, Appellants request that the

Court accept a Brief in this case from the Appellants on or before September 20,

2015.

Wherefore, premises considered, Appellants respectfully request the Court

to extend the time for filing its Brief on the Merits up to and including September

20, 2015.

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Respectfully submitted,

NAMAN, HOWELL, SMITH & LEE, PLLC 400 Austin Ave., Ste. 800 P. O. Box 1470 Waco, Texas 76703-1470 254.755.4100 / Facsimile 254.754.6331

BY: ________________________________ Robert Little State Bar No. 24050940 Kristen A. Mynar State Bar No. 24074785

ATTORNEYS FOR APPELLANTS CASEY A. KOEHLER AND JENNIFER PHY

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the above and foregoing Notice of Appeal is being served by E-service and facsimile to the following counsel of record on the 21st day of August, 2015:

Eric Stoebner Harrell & Stoebner, P.C. 2106 Bird Creek Drive Temple, TX 76502 Tel.: (254) 771-1855 Fax: (254) 771-2082

____________________________________

Robert Little

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