Crystal Bingham Hernandez v. Tiffany Polley

Opinion

ACCEPTED 03-15-00384-CV 7112508 THIRD COURT OF APPEALS AUSTIN, TEXAS 9/25/2015 4:58:14 PM JEFFREY D. KYLE CLERK NO. 03-15-00384-CV

FILED IN IN THE COURT OF APPEALS 3rd COURT OF APPEALS AUSTIN, TEXAS FOR THE 9/25/2015 4:58:14 PM THIRD SUPREME JUDICIAL DISTRICT OF TEXAS JEFFREY D. KYLE AUSTIN, TEXAS Clerk

CRYSTAL BINGHAM HERNANDEZ, Plaintiff/Appellant,

v.

TIFFANY POLLEY, Defendant/Appellee.

APPELLEE’S UNOPPOSED MOTION FOR EXTENSION TO FILE APPELLEE’S RESPONSIVE BRIEF ON APPEAL

TO THE HONORABLE COURT OF APPEALS:

COMES NOW Tiffany Polley, Appellee herein and Defendant in the lower

court (“Appellee”), and requests an extension of thirty (30) days to file his

Responsive Brief on Appeal, and would show this Court of Appeals the following:

APPELLEE’S MOTION FOR EXTENSION TO FILE RESPONSIVE BRIEF ON APPEAL – Page 1 I.

Appellant filed her Notice of Appeal on June 24, 2015.

II.

The Clerk’s Record was filed on July 13, 2015.

III.

The Reporter’s Record was filed on July 22, 2015.

IV.

After obtaining a 30 day extension on an unopposed motion for the same,

Appellant filed her Brief on Appeal on September 18, 2015.

V.

Appellee’s Responsive Brief on Appeal is due on October 19, 2015.

VI.

Appellee would show this Court of Appeals that Appellee has not previously

petitioned the Court for an extension of time for filing the “item in question." TEX.

R. APP. P. 10.5(b)(1)(D).

VII.

Appellee requests an additional thirty (30) days to file Appellee’s

Responsive Brief on Appeal from the date that it is now due, up to and including

November 19, 2015.

APPELLEE’S MOTION FOR EXTENSION TO FILE RESPONSIVE BRIEF ON APPEAL – Page 2 VIII.

Appellee’s counsel would show this Court of Appeals that he has already

requested the record on appeal in order to begin drafting his responsive Brief.

IX.

Appellee’s counsel would show this Court of Appeals that in addition to

completing the responsive Brief in this matter, he has an active litigation and

appellate docket including multiple trials set in the next few months as well as

other briefing matters due.

X.

On September 24, 2015, counsel for Appellee conferred with counsel for

Appellant regarding the merits of this Motion, and Appellant’s counsel indicated

they did not oppose the Motion.

XI.

This Motion is not being filed for the purpose of harassment or unnecessary

delay, but to see that justice is done.

WHEREFORE, PREMISES CONSIDERED, Appellee respectfully requests

that this honorable Court of Appeals grant this Motion and that Appellee have until

November 19, 2015 in which time to file his Responsive Brief on Appeal.

APPELLEE’S MOTION FOR EXTENSION TO FILE RESPONSIVE BRIEF ON APPEAL – Page 3 Respectfully submitted,

THE WILLIS LAW GROUP, PLLC

___/s/ Lorin M. Subar _______ KIRK D. WILLIS State Bar No. 21648500 JOSEPH M. GREGORY, III State Bar No. 08436525 LORIN M. SUBAR State Bar No. 19456800 10440 N. Central Expy Ste 520 Dallas, Texas 75231 Telephone: (214) 736-9433 Facsimile: (214) 736-9994

ATTORNEYS FOR APPELLEE

CERTIFICATE OF CONFERENCE

This is to certify that on September 24, 2015, the undersigned counsel for Appellee conferred with counsel for Appellant, regarding the merits of this Motion. Appellant’s counsel indicated they did not oppose the Motion.

___/s/ Lorin M. Subar LORIN M. SUBAR

APPELLEE’S MOTION FOR EXTENSION TO FILE RESPONSIVE BRIEF ON APPEAL – Page 4 CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the foregoing document has been forwarded to all parties or their counsel of record on September 25, 2015 in accordance with the Texas Rules of Appellate Procedure.

Rick Dehoyos Law Offices of Rick DeHoyos 502 South Irving Street San Angelo, Texas 76903 Via Facsimile: 325-227-6913

___/s/ Lorin M. Subar LORIN M. SUBAR

APPELLEE’S MOTION FOR EXTENSION TO FILE RESPONSIVE BRIEF ON APPEAL – Page 5