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