Douglas B. Moseley v. Sherrie Arnold

• Court: Court of Criminal Appeals of Texas
• Decided: August 21, 2015
• Docket: 06-15-00031-CV
• Status: Published

Opinion

ACCEPTED 06-15-00031-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 8/20/2015 9:09:51 PM DEBBIE AUTREY CLERK

No. 06-15-00031-CV

IN THE FILED IN COURT OF APPEALS FOR THE 6th COURT OF APPEALS SIXTH SUPREME JUDICIAL DISTRICT OF TEXASTEXARKANA, TEXAS AT TEXARKANA, TEXAS 8/21/2015 7:50:00 AM DEBBIE AUTREY Clerk DOUGLAS B. MOSELEY,

Appellant,

vs.

SHERRIE ARNOLD,

Appellee.

Appeal from the 71st District Court of Harrison County, Texas Honorable Brad Morin

UNOPPOSED MOTION TO EXTEND APPELLANT’S BRIEFING DEADLINE COMES NOW Douglas B. Moseley, Appellant in the above-captioned proceeding (the

“Appellant”), and respectfully submits this Unopposed Motion to Extend Appellant’s Briefing

Deadline (the “Motion”).

1. The Appellant respectfully requests an extension of time to file its appellant’s

brief for an additional 21 days, through and including September 11, 2015. Appellant’s brief is

currently due August 21, 2015. This is Appellant’s first request for an extension of briefing

deadline in this case.

2. Sherrie Arnold, the Appellee, consents to the requested extension.

3. Appellant respectfully represents the following facts to the Court as a reasonable

explanation for the additional requested extension of time. In addition to preparing the

appellant’s brief in this case, counsel for Appellant has been required, and will continue to be

required, to devote a substantial amount of time to the following matters:

a. Kim v. Dome Entertainment Center, Inc., Case No. 3:15-cv-00452-D in the United States District Court for the Northern District of Texas, Dallas Division: Counsel for the Appellant is counsel for the debtor/appellant in this appeal from a bankruptcy case; oral argument is set for September 4, 2015.

b. In re Couture Hotel Corporation, Case No. 14-34874-bjh-11 in the United States Bankruptcy Court for the Northern District of Texas, Dallas Division: Counsel for the Appellant is counsel for this Chapter 11 debtor-in-possession and concluded a week-long, heavily contested confirmation trial in this Chapter 11 case on July 31, 2015 and has submitted a number of post-confirmation briefs in the weeks following the conclusion of the confirmation trial.

c. Kirtland Realty Group, LP v. Gaubert, Cause No. DC-14-12750 in the 193rd Judicial District Court, Dallas County, Texas: Non-jury trial set for September 27, 2015; counsel for Appellant represents the plaintiff and related counter- and cross-defendants and must attend to trial preparation as well as the drafting and oral argument of a motion to reconsider summary judgment order.

4. The requested enlargement of time, which is unopposed, is not sought for the sake

of delay, but rather is requested for the minimum amount of time necessary for counsel to

properly prepare Appellant’s principal brief in this matter.

2 Therefore, Appellant prays that this Court grant this motion for extension of time to

extend the due date for Appellant’s brief for 21 days.

Respectfully submitted,

/s/ Gerrit M. Pronske Gerrit M. Pronske State Bar No. 16351640 Melanie P. Goolsby State Bar No. 24059841 PRONSKE GOOLSBY & KATHMAN, P.C. 15305 Dallas Parkway, Suite 300 Addison, Texas 75001 (214) 658-6500 – Telephone (214) 658-6509 – Telecopier Email: gpronske@pgkpc.com Email: mgoolsby@pgkpc.com

ATTORNEYS FOR THE APPELLANT

CERTIFICATE OF CONFERENCE

I hereby certify that, on August 17, 2015, I conferred via email with Dean A. Searle, counsel for the appellee, who indicated that appellee is unopposed to the extension requested herein.

/s/ Gerrit M. Pronske Gerrit M. Pronske

3 CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that, on August 20, 2015, I caused to be served the foregoing pleading upon the counsel listed below via email and also via the Court’s electronic transmission facilities.

Deane A. Searle Searle & Searle, PC P.O. Box 910 305 West Rusk Street Marshall, Texas 75671 Email: dsearle54@gmail.com