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

Court of Appeals of Texas·Decided November 10, 2015·No. 03-14-00035-CV·Published

Opinion

ACCEPTED 03-14-00035-CV 7759602 THIRD COURT OF APPEALS AUSTIN, TEXAS 11/10/2015 10:47:08 AM JEFFREY D. KYLE CLERK

No. 03-14-00035-CV FILED IN

3rd COURT OF APPEALS AUSTIN, TEXAS In the Third Court of Appeals of Texas 11/10/2015 10:47:08 AM JEFFREY D. KYLE Clerk

In the Estate of Evelyn Landua Koehler, Deceased

An Appeal from County Court at Law No. 1 of Bell County, Texas The Honorable Judge Edward Johnson, Presiding Trial Court Cause No. 29,462

SECOND UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF ON THE MERITS

To the Honorable Court of Appeals:

Comes now Kanda Koehler, Appellee in the above case, and files this

Second Unopposed Motion to Extend Time to File Appellee’s Brief on the Merits.

In support of this Motion, Appellee shows as follows:

1. Appellants filed their Brief Requesting Oral Argument on September

18, 2015. Appellee’s Brief on the Merits was initially due on October 19, 2015.

2. Appellee previously requested an extension of time, which the Court

granted. The Court extended the time for the filing of Appellee’s Brief on the

Merits to November 18, 2015.

3. Appellee requests a second extension of time for 30 days to file her

brief. If granted, the extension would change the due date for Appellee’s Brief on

the Merits to December 18, 2015.

4. Good cause exists for the extension of time to file Appellee’s Brief in

this case. Counsel for Appellee has had to attend other court matters and lead

counsel has been out of the country for ten days attending to mediation and legal

ethics training of lawyers in the country of Uganda. Certainly, that trip was

planned and anticipated, but the extent of counsel’s backlog upon return was not

anticipated.

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

request is not sought for delay but so that justice may be done. Appellants do not

oppose this request. Therefore, Appellee requests that the Court extend Appellee’s

file date for her Brief on the Merits to December 18, 2015.

Wherefore, premises considered, Appellee respectfully requests this Court to

extend the time for filing her Brief on the Merits to December 18, 2015.

SECOND UNOPPOSED MOTION TO EXTEND TIME TO FILE

Respectfully submitted,

BAIRD, CREWS, SCHILLER & WHITAKER, P.C.

By: /s/ Jack R. Crews JACK R. CREWS State Bar Card No.: 05072300 (254) 743-7320 – Direct E-mail: jackcrews@bcswlaw.com KENNETH R. VALKA State Bar Card No.: 20435300 (254) 743-7350 – Direct E-mail: kenvalka@bcswlaw.com BENJAMIN D. BURNETT State Bar Card No.: 24072012 (254) 743-7324 – Direct E-mail: benjaminburnett@bcswlaw.com

15 North Main Street Temple, Texas 76501 Fax: (254) 774-9353

ATTORNEYS FOR APPELLEE

CERTIFICATE OF CONFERENCE

The parties in this case have conferred and no party opposes this Motion.

/s/ Benjamin D. Burnett BENJAMIN D. BURNETT

SECOND UNOPPOSED MOTION TO EXTEND TIME TO FILE

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of this document was sent to the person(s) named below pursuant to Tex. R. App. P. 9.5(b) on November 10, 2015:

Robert Little Kristen A. Mynar Naman, Howell, Smith & Lee, PLLC 400 Austin Ave., Ste. 800 Waco, Texas 76701 ATTORNEYS FOR APPELLANTS

/s/ Ben Burnett BENJAMIN D. BURNETT

SECOND UNOPPOSED MOTION TO EXTEND TIME TO FILE

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ACCEPTED 03-14-00035-CV 7759602 THIRD COURT OF APPEALS AUSTIN, TEXAS 11/10/2015 10:47:08 AM JEFFREY D. KYLE CLERK

No. 03-14-00035-CV FILED IN

3rd COURT OF APPEALS AUSTIN, TEXAS In the Third Court of Appeals of Texas 11/10/2015 10:47:08 AM JEFFREY D. KYLE Clerk

In the Estate of Evelyn Landua Koehler, Deceased

An Appeal from County Court at Law No. 1 of Bell County, Texas The Honorable Judge Edward Johnson, Presiding Trial Court Cause No. 29,462

SECOND UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF ON THE MERITS

To the Honorable Court of Appeals:

Comes now Kanda Koehler, Appellee in the above case, and files this

Second Unopposed Motion to Extend Time to File Appellee’s Brief on the Merits.

In support of this Motion, Appellee shows as follows:

1. Appellants filed their Brief Requesting Oral Argument on September

18, 2015. Appellee’s Brief on the Merits was initially due on October 19, 2015.

2. Appellee previously requested an extension of time, which the Court

granted. The Court extended the time for the filing of Appellee’s Brief on the

Merits to November 18, 2015.

3. Appellee requests a second extension of time for 30 days to file her

brief. If granted, the extension would change the due date for Appellee’s Brief on

the Merits to December 18, 2015.

4. Good cause exists for the extension of time to file Appellee’s Brief in

this case. Counsel for Appellee has had to attend other court matters and lead

counsel has been out of the country for ten days attending to mediation and legal

ethics training of lawyers in the country of Uganda. Certainly, that trip was

planned and anticipated, but the extent of counsel’s backlog upon return was not

anticipated.

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

request is not sought for delay but so that justice may be done. Appellants do not

oppose this request. Therefore, Appellee requests that the Court extend Appellee’s

file date for her Brief on the Merits to December 18, 2015.

Wherefore, premises considered, Appellee respectfully requests this Court to

extend the time for filing her Brief on the Merits to December 18, 2015.

SECOND UNOPPOSED MOTION TO EXTEND TIME TO FILE

Respectfully submitted,

BAIRD, CREWS, SCHILLER & WHITAKER, P.C.

15 North Main Street Temple, Texas 76501 Fax: (254) 774-9353

ATTORNEYS FOR APPELLEE

CERTIFICATE OF CONFERENCE

The parties in this case have conferred and no party opposes this Motion.

/s/ Benjamin D. Burnett BENJAMIN D. BURNETT

SECOND UNOPPOSED MOTION TO EXTEND TIME TO FILE

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of this document was sent to the person(s) named below pursuant to Tex. R. App. P. 9.5(b) on November 10, 2015:

Robert Little Kristen A. Mynar Naman, Howell, Smith & Lee, PLLC 400 Austin Ave., Ste. 800 Waco, Texas 76701 ATTORNEYS FOR APPELLANTS

/s/ Ben Burnett BENJAMIN D. BURNETT

SECOND UNOPPOSED MOTION TO EXTEND TIME TO FILE

Casey A. Koehler and Jennifer Phy, as Administratrix of the Estate of Evelyn Landua Koehler v. Kanda Koehler, (Tex. Ct. App. 2015).

Pincite

Casey A. Koehler and Jennifer Phy, as Administratrix of the Estate of Evelyn Landua Koehler v. Kanda Koehler (Casey A. Koehler and Jennifer Phy, as Administratrix of the Estate of Evelyn Landua Koehler v. Kanda Koehler) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.