Diane v. Wade v. David's Landscaping And David's Landscaping, Inc.

Opinion

ACCEPTED 03-15-00511-CV 8322213 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/21/2015 12:14:41 PM JEFFREY D. KYLE CLERK No. 3-15-00511-CV

IN THE COURT OF APPEALS FILED IN 3rd COURT OF APPEALS THIRD COURT OF APPEALS DISTRICT AUSTIN, TEXAS AUSTIN, TEXAS 12/21/2015 12:14:41 PM JEFFREY D. KYLE Clerk

DIANE V. WADE, Appellant,

v.

DAVID’S LANDSCAPING AND DAVID’S LANDSCAPING, INC, Appellee.

On Appeal from the County Court at Law Number Two of Travis County, Texas Trial Cause No. C-1-CV-12-001119

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

TO THE HONORABLE THIRD COURT OF APPEALS:

COMES NOW, Appellee, David’s Landscaping and David’s Landscaping, Inc., and

pursuant to the Texas Rules of Appellee Procedure 38.6(d) and 10.5(b), files this Motion for

Extension of Time to File Appellee Brief and in support thereof would show as follows:

I.

Appellee’s brief in this case is currently due December 21, 2015. For reasons set forth

below, Appellee is requesting an extension of 21-days until January 11, 2015 to file its Appellee

brief. This is the first request for an extension of time to file its brief made by Appellee. This

request is not being filed for purposes of delay, but so that justice may be done.

-1- II.

Appellant has filed this appeal in multiple docket numbers, but Appellee believes the

instant to be the docket number this appeal will be proceeding under. Appellee’s counsel

requests the extension due to a number of unexpected events requiring his attention. Recently he

completed trial in an unrelated matter and remains committed to handling a number of

unanticipated post-trial items in that matter. Additionally, due the holiday season and staff taking

vacation leave, Appellee’s counsel’s resources are limited in availability.

WHEREFORE, Appellee respectfully requests that this Court grant this Motion for

Extension of Time to File Appellee’s Brief and extend the time to file said brief from December

21, 2015 to January 11, 2015.

Respectfully submitted,

CLARK, TREVINO & ASSOCIATES Mailing Address: P.O. Box 258829 Oklahoma City, OK 73125-8829 Physical Address: 1701 Directors Boulevard, Suite 920 Austin, Texas 78744 Telephone: (512) 445-1580 Telecopier: (512) 383-0503

By: ROBERT A. HOUSE State Bar No.: 24071591 COUNSEL FOR DEFENDANTS

CERTIFICATE OF SERVICE

I hereby certify that on December 21, 2015 a true and correct copy of the above and foregoing document was served upon counsel of record, Mr. Stuart Whitlow, 1104 S. Mays, Suite 116, Round Rock, Texas 78664, either by facsimile or electronic delivery.

____________________________________ ROBERT A. HOUSE

-2- CERTIFICATE OF CONFERENCE

I believe Appellant’s counsel would be in agreement, however, attempts to contact counsel for Appellant, Mr. Stuart Whitlow, have been unsuccessful.

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