Elwyn D. Shumway v. Whispering Hills of Comal County Texas Property Owners Association, Inc.

Opinion

ACCEPTED

03-15-00513-CV

7332348

THIRD COURT OF APPEALS

AUSTIN, TEXAS

10/12/2015 2:26:43 PM

JEFFREY D. KYLE

CLERK

CAUSE NO. 03-15-00513-CV

FILED IN

3rd COURT OF APPEALS

In The Court Of Appeals AUSTIN, TEXAS 10/12/2015 2:26:43 PM

Third Court Of Appeals District JEFFREY D. KYLE

Austin, Texas Clerk

ELWYN D. SHUMWAY,

APPELLANT

VS.

WHISPERING HILLS OF COMAL COUNTY, TEXAS PROPERTY OWNERS ASSOCIATION, INC., APPELLEE

Appeal from Case No. C2015-0215A; In the District Court 22nd Judicial District, Comal County, Texas, Hon. Dibrell Waldrip, Presiding

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

ZACHARY B. AOKI State Bar No. 01275870 MICHAEL B. THURMAN State Bar No. 20006500 THURMAN & PHILLIPS, P.C. 4093 De Zavala Road Shavano Park, Texas 78249 Telephone: (210) 341-2020 Facsimile: (210) 344-6460

Counsel for Appellee, WHISPERING HILLS OF COMAL COUNTY, TEXAS PROPERTY OWNERS ASSOCIATION, INC.

TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to TEX. R. APP. P. 10.1 and 38.6 (d), the Appellee, Whispering Hills of Comal County, Texas Property Owners Association, Inc., files this Unopposed First Motion to Extend Time to File Appellee’s Brief.

Appellee’s opening brief is currently due on October 26, 2015.

Counsel for Appellee requests a 30-day extension of time to file its brief, making the brief due on November 25, 2015. This is the first request for extension of time to file.

Counsel for Appellee relies on the following reasons, in addition to the routine matters that counsel must attend to in daily practice, to explain the need for the requested extension:

Counsel for Appellee has primary responsibility on three non-jury lawsuits, which are scheduled for trials on October 13, 16, and 26.

Counsel for Appellant/Appellee seeks this extension of time to be able to prepare a cogent and succinct brief to aid this Court in its analysis of the issues presented. This request is not sought for delay but so that justice may be done.

The undersigned has conferred with the opposing party, and he has indicated that he does not oppose this motion.

All facts recited in this motion are within the personal knowledge of the counsel signing this motion; therefore, no verification is necessary under Rule of Appellate Procedure 10.2.

PRAYER FOR RELIEF

For the reasons set forth above, Appellee requests that this Court grant this Unopposed First Motion to Extend Time to File Appellee’s Brief and extend the Deadline for Filing the Appellee’s Brief, up to and including November 25, 2015, and all other relief to which it may be entitled.

Respectfully submitted,

/ s/ Zachary Aoki

ZACHARY B. AOKI

State Bar No. 01275870

zaoki@thurman-phillips.com THURMAN & PHILLIPS, P.C.

4093 De Zavala Road

Shavano Park, Texas 78249 Telephone: (210) 341-2020 Facsimile: (210) 344-6460

Counsel for Appellee,

WHISPERING HILLS OF COMAL COUNTY, TEXAS PROPERTY ASSOCIATION, INC.

CERTIFICATE OF CONFERENCE I certify that I conferred with Appellant regarding this motion and that Appellant is not opposed to this motion.

/ s/ Zachary Aoki____________ Zachary Aoki

CERTIFICATE OF SERVICE

I certify that on October 12, 2015, I electronically mailed a copy of this motion to Appellant.

/ s/ Zachary Aoki____________ Zachary Aoki