City of Dallas v. Nancy Beggs

Opinion

ACCEPTED

05-15-00483-CV

FIFTH COURT OF APPEALS

DALLAS, TEXAS

9/11/2015 11:06:39 AM

LISA MATZ

CLERK

No. 05-15-00483-CV

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FILED IN

5th COURT OF APPEALS

IN THE COURT OF APPEALS DALLAS, TEXAS FOR THE FIFTH JUDICIAL DISTRICT OF TEXAS 9/11/2015 11:06:39 AM

DALLAS, TEXAS LISA MATZ Clerk

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CITY OF DALLAS

Appellant

v.

NANCY BEGGS

Appellees

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Appeal from the 298th Judicial District Court of Dallas County, Texas Cause No. DC-11-14997-M

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

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TO THE HONORABLE COURT OF APPEALS:

Appellee Nancy Beggs (“Appellee”) respectfully requests the Court to

extend the time to file the Brief of Appellee in this appeal and, in support hereof,

respectfully shows the Court as follows:

1. Appellant is the City of Dallas and Appellee is Nancy Beggs.

2. After two unopposed extensions of time, Appellant filed its Brief and

Appendix on July 13, 2015.

3. Appellee hereby requests an extension of time of until October 14,

2015 to file its Brief.

4. The parties are currently in settlement negotiations and wish to use

any extra time in an effort to resolve this dispute.

5. Under Rule 38.6 of the Texas Rule of Appellate Procedure, the Court

may extend the time for filing a brief and may postpone submission of the case.

Tex. R. App. P. 38.6(d). No procedural rule limits the time within which to file a

motion to extend. A motion to extend the time to file a brief “may be filed before

or after the date a brief is due.” Id.

6. For these reasons, Appellee requests that this Court set October 14,

2015 as the due date for the Brief of Appellee.

Respectfully submitted,

__/s/ Spencer P. Browne______________ SPENCER P. BROWNE Texas Bar No. 24040589 REYES | BROWNE | REILLEY 5950 Berkshire Lane, Suite 410 Dallas, Texas 75225 Telephone: (214) 526-7900 Facsimile: (214) 526-7910 spencer@reyeslaw.com

AND

APPELLEE’S FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF PAGE 2

KIRK PITTARD STATE BAR NO. 24010313 KPITTARD@TEXASAPPEALS.COM MORGAN A. MCPHEETERS STATE BAR NO. 24081279 MMCPHEETERS@TEXASAPPEALS.COM KELLY, DURHAM & PITTARD, LLP PO BOX 224626 DALLAS, TX 75222 TELEPHONE: 214.946.8000 FACSIMILE: 214.946.8433

ATTORNEY FOR APPELLEE NANCY BEGGS

CERTIFICATE OF SERVICE

I hereby certify that the foregoing document was electronically filed in compliance with the Texas Rules of Appellate Procedure and that a copy has been sent by e-service to counsel for Appellant on this 11th day of September, 2015:

Julie Essenburg Barbara Rosenberg Office of the City Attorney of Dallas 1500 Marilla Street, Room 7D North Dallas, Texas 75201

/s/ Spencer P. Browne SPENCER P. BROWNE

APPELLEE’S FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF PAGE 3