Delores Galvan v. Robert Leake, Individually and Zebra Instruments Corporation

Opinion

ACCEPTED 03-15-00376-CV 7994063 THIRD COURT OF APPEALS AUSTIN, TEXAS 11/25/2015 1:52:44 PM JEFFREY D. KYLE CLERK IN THE COURT OF APPEALS THIRD JUDICIAL DISTRICT OF TEXAS AUSTIN, TEXAS FILED IN 3rd COURT OF APPEALS DELORES GALVAN § AUSTIN, TEXAS Appellant § 11/25/2015 1:52:44 PM § JEFFREY D. KYLE v. § CASE NO. 03-15-000376-CV Clerk § ROBERT LEAKE, INDIVIDUALLY § AND ZEBRA INSTRUMENTS § CORPORATION § Appellees §

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APPELLEES’ RESPONSE IN OPPOSITION TO APPELLANT’S FOURTH MOTION FOR EXTENSION OF TIME

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COMES NOW, Robert Leake and Zebra Instruments Corporation, and files this

their Response in Opposition to Appellant’s Fourth Motion for Extension of Time to File

Appellant’s Brief, and in support thereof would show as follows:

I.

HISTORY OF THE CASE

Final judgment was entered in this case on June 17, 2015. Appellant’s brief was

originally due on August 14, 2015. Appellant’s first unopposed motion for extension was

granted on August 6, 2015, and this Court ordered the brief to be filed by September 28,

2015. Appellant’s second unopposed motion for extension was granted on September 29,

2015, and the brief ordered to be filed on October 13, 2015. Appellant’s third motion for

extension was granted on October 14, 2015, and the brief ordered to be filed on October 28,

2015. No brief nor motion for yet another extension of time was timely filed.

On November 17, 2015, this Court issued a notice of late brief and ordered a

satisfactory response no later than November 30, 2015. On November 24, 2015, Appellant

filed her fourth motion for extension of time, requesting another 90 day extension. As a

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basis for the extension, Appellant cites the death of Mr. Staton, who has never appeared as

counsel for Appellant in this case. Thus, Appellant seeks to file her brief on February 28th,

just shy of 200 days after the brief was originally due.

II.

APPELLANT’S MOTION DOES NOT COMPLY WITH T.R.A.P. 10.5

Appellee objects to Appellant’s motion because it fails to comply with T.R.A.P. 10.5.

Specifically, Appellant failed to notify the Court of the three prior extensions that had been

granted in this case. Further, Appellee failed to sufficiently state facts relied on to

reasonably explain Mr. Staton’s involvement in this case, the task(s) he was undertaking

relating to the reply brief if any, and the prejudice or harm to Appellant from Mr. Staton’s

untimely death as it relates to the brief. Rios v. Calhoon, 889 S.W.2d 257 (Tex.1994).

III.

NINETY DAYS IS TOO MUCH OF AN EXTENSION

Appellant has failed to give any reasonable basis for such a lengthy delay. If this

Court is inclined to grant another extension, Appellee would urge that it be limited to

fifteen days and the Court further order that this is the final extension granted Appellant

to file her brief.

WHEREFORE, PREMISES CONSIDERED, Appellees Robert Leake and Zebra

Instruments Corporation pray that Appellant’s Motion for Extension of Time be in all

things DENIED. Alternatively, Appellees pray that any extension granted be limited to no

longer than 15 days.

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Respectfully submitted,

SNEED VINE & PERRY A PROFESSIONAL CORPORATION

By: /s/ Christopher Stanley____________ Christopher Stanley Texas Bar No. 19044400 Email for filings only: gtwnfilings@sneedvine.com 108 East 8th Street Georgetown, TX 78626 Tel. (512) 930-9775 Fax. (512) 819-9707 ATTORNEY FOR DEFENDANTS ROBERT LEAK AND ZEBRA INSTRUMENTS CORPORATION

CERTIFICATE OF SERVICE

I certify that on November 25, 2015, a true and correct copy of the foregoing pleading was served via email to Scott Ogle via soglelaw@peoplepc.com and the transmission was reported as complete.

/s/ Christopher Stanley____________ Christopher Stanley