Erin McCain and Marc a Townley v. Linda a Lanier

Court of Appeals of Texas

Erin McCain and Marc a Townley v. Linda a Lanier

DecidedMarch 31, 2022

Docket01-21-00679-CV

StatusPublished

This text of Erin McCain and Marc a Townley v. Linda a Lanier (Erin McCain and Marc a Townley v. Linda a Lanier) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Erin McCain and Marc a Townley v. Linda a Lanier, (Tex. Ct. App. 2022).

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Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Erin McCain and Marc A. Townley v. Linda A. Lanier Appellate case number: 01-21-00679-CV Trial court case number: 2020-59696 Trial court: 151st District Court of Harris County

Appellee, Linda A. Lanier, has filed a “First Unopposed Motion for Extension of Time to File Appellee’s Brief.” Appellants, Erin McCain and Marc A. Townley, filed their appellants’ brief on February 3, 2022, making appellee’s brief initially due to be filed on or before February 23, 2022. See TEX. R. APP. P. 38.6(b). On March 14, 2022, appellee was notified by the Clerk of this Court that the deadline for filing her appellee’s brief had expired, and that the appeal may be set for submission without an appellee’s brief unless she filed her brief, or a motion to extend time to file her brief, within ten days of the notice. On March 22, 2022, appellee filed “unopposed” motion to extend the deadline, requesting an extension of eighty-days for filing her appellee’s brief, making her brief due no later than June 2, 2022. In the motion, counsel for appellee states that the extension is necessary “to be able to prepare a cogent and succinct brief.” As noted, appellee’s motion is titled as an “unopposed motion to extend time to file appellee’s brief.” However, the motion also includes a certificate of conference stating that counsel for appellee “attempted to confer . . . [with] [a]ppellants regarding this motion, but [he] was unable to reach Marc[] A. Townley after several attempts.” Appellee’s motion is granted in part. Appellee’s brief is due to be filed within thirty days of the date of this order. Absent extraordinary circumstances, no further extensions will be granted, and the failure to file an appellee’s brief by the extended deadline may result in the Court setting the case “at-issue” and considering and deciding the case without an appellee’s brief. See TEX. R. APP. P. 10.5(b), 38.6(d). It is so ORDERED.

Judge’s signature: ____/s/ Amparo Guerra______  Acting individually  Acting for the Court

Date: ___March 31, 2022____

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COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Erin McCain and Marc A. Townley v. Linda A. Lanier Appellate case number: 01-21-00679-CV Trial court case number: 2020-59696 Trial court: 151st District Court of Harris County

Appellee, Linda A. Lanier, has filed a “First Unopposed Motion for Extension of Time to File Appellee’s Brief.” Appellants, Erin McCain and Marc A. Townley, filed their appellants’ brief on February 3, 2022, making appellee’s brief initially due to be filed on or before February 23, 2022. See TEX. R. APP. P. 38.6(b). On March 14, 2022, appellee was notified by the Clerk of this Court that the deadline for filing her appellee’s brief had expired, and that the appeal may be set for submission without an appellee’s brief unless she filed her brief, or a motion to extend time to file her brief, within ten days of the notice. On March 22, 2022, appellee filed “unopposed” motion to extend the deadline, requesting an extension of eighty-days for filing her appellee’s brief, making her brief due no later than June 2, 2022. In the motion, counsel for appellee states that the extension is necessary “to be able to prepare a cogent and succinct brief.” As noted, appellee’s motion is titled as an “unopposed motion to extend time to file appellee’s brief.” However, the motion also includes a certificate of conference stating that counsel for appellee “attempted to confer . . . [with] [a]ppellants regarding this motion, but [he] was unable to reach Marc[] A. Townley after several attempts.” Appellee’s motion is granted in part. Appellee’s brief is due to be filed within thirty days of the date of this order. Absent extraordinary circumstances, no further extensions will be granted, and the failure to file an appellee’s brief by the extended deadline may result in the Court setting the case “at-issue” and considering and deciding the case without an appellee’s brief. See TEX. R. APP. P. 10.5(b), 38.6(d). It is so ORDERED.

Judge’s signature: ____/s/ Amparo Guerra______  Acting individually  Acting for the Court

Date: ___March 31, 2022____

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Erin McCain and Marc a Townley v. Linda a Lanier, Counsel Stack Legal Research, https://law.counselstack.com/opinion/erin-mccain-and-marc-a-townley-v-linda-a-lanier-texapp-2022.