David Young v. Trails End Homeowners Association, Inc. TLS Properties, Ltd. TLS Operating Company, LLC Van Keene And Rick Durapau

Opinion

ACCEPTED 03-14-00535-CV 4953214 THIRD COURT OF APPEALS AUSTIN, TEXAS April 20, 2015 4/20/2015 1:48:55 PM JEFFREY D. KYLE CLERK

NO. 03-14-00535-CV ___________________________________________________

IN THE COURT OF APPEALS FOR THE THIRD DISTRICT OF TEXAS AT AUSTIN, TEXAS ___________________________________________________

David Young, Appellant, v. Trails End Homeowners Association, Inc., TLS Properties, Ltd., TLS Operating Company, LLC, Van Keene and Rick Durapau, Appellees.

On Appeal from the 200th Judicial District Court of Travis County, Texas (Honorable Scott H. Jenkins, of the 53rd Judicial District Court, Presiding) Trial Court Cause No. D-1-GN-10-003864

AMENDED JOINT AND UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEFS TO THE HONORABLE COURT OF APPEALS:

COMES NOW Appellees Trails End Homeowners Association, Inc.,

TLS Properties, Ltd., TLS Operating Company, LLC and Van Keene

(“Appellees”), and file this Amended Joint and Unopposed Motion for

Extension of Time to File Appellee’s Briefs, seeking a 30 day extension of

time in which to file their briefs, thereby extending the deadline of April 22,

2015, up to and including May 22, 2015.

1 1. Appellant’s brief was originally due on or about December 19,

2014. After obtaining three separate extensions, Appellant’s deadline was

ultimately extended to March 18, 2015, when it filed its brief. Upon the

Court’s instruction, Appellant filed a corrected version of their brief on

March 23, 2015. As a result, the current deadline for Appellees to file their

briefs is April 22, 2015.

2. Pursuant to Rules 10.5(b) and 38.6(d), of the Texas Rules of

Appellate Procedure, Appellee seeks a twenty (30) day extension of time in

which to file their briefs, thus extending the deadline up to and including

May 22, 2015.

3. Appellees seek the requested extension of time because

Appellee’s agreement to extend Appellants’ deadline to file its brief on at

least two occasions resulted in Appellee’s deadline to fall at a time when its

lead trial and appellate counsel’s travel schedule has been burdened with

personal and professional activities– both within and outside the State of

Texas – that command significant expenditures of time.

4. Appellees have not requested any previous extensions of time in

this proceeding. This motion is filed in good faith and is not sought for

purposes of obstruction or delay, but rather is requested so that justice may

be done.

2 5. No party, including Appellant, opposes the extension. After

conferring, all parties have agreed to the relief requested herein.

6. WHEREFORE PREMISES CONSIDERED, Appellees

respectfully request that the Court grant their joint and unopposed motion

to extend the time to file their briefs by thirty (30) days to and including

May 22, 2015.

Respectfully submitted,

JACKSON WALKER L.L.P.

By: /s/ Christopher R. Mugica Christopher R. Mugica State Bar No. 24027554 cmugica@jw.com Emilio B. Nicolas State Bar No. 24058022 enicolas@jw.com 100 Congress Avenue, Suite 1100 Austin, Texas 78701 (512) 236-2000 (512) 236-2002 – Fax

and

3 W. Thomas Buckle State Bar No. 03299000 tbuckle@sbylaw.com Jeff Tippens State Bar No. 24009121 jtippens@sbylaw.com Scanlan, Buckle & Young, P.C. 602 West 11th Street Austin, Texas 78701 (512) 478-4651 (512) 478-7750 – Fax

ATTORNEYS FOR APPELLEE TRAILS END HOMEOWNERS ASSOCIATION, INC. AND VAN KEENE

STRASBURGER & PRICE, LLP

By: /s/Derek Quick Derek Quick State Bar No. 24072471 derek.quick@strasburger.com 720 Brazos Street, Suite 700 Austin, Texas 78701 (512) 499-3600 (512) 499-3660 - Fax

ATTORNEYS FOR APPELLEES TLS PROPERTIES, LTD. AND TLS OPERATING COMPANY, LLC

4 CERTIFICATE OF CONFERENCE In accordance with Rule 10.1(a)(5) of the Texas Rules of Appellate

Procedure, this is to certify that on April 16, 2015 the undersigned counsel

for Appellees Trails End Homeowners Association, Inc. and Van Keene

conferred with counsel for Appellant regarding the merits of the foregoing

motion, and Mr. Casey indicated that he agrees with the relief requested

therein. Furthermore, on April 20, 2015 the undersigned counsel also

conferred with Pro Se Appellee, Rick Durapau regarding the merits of the

foregoing motion, and Mr. Durapau indicated that he agrees with the relief

requested therein.

/s/ Christopher Mugica Christopher Mugica

5 CERTIFICATE OF SERVICE This is to certify that on this 20th day of April, 2015, a true and correct copy of the above and foregoing document was electronically mailed to the parties registered or otherwise entitled to receive electronic notices in this case pursuant to the Electronic Filing Procedures in this Court and/or via electronic mail upon:

Stephen Casey Casey Law Office, P.C. 595 Round Rock West Drive, Suite 102 Round Rock, Texas 78681 Stephen@caseylawoffice.us

Rick Durapau, Pro Se 11907 Misty Brook Drive Austin, Texas 78727 rdurapau@gmail.com

/s/ Christopher R. Mugica Christopher R. Mugica

6 12989071v.3