Eugene Miles Prentice, Richard M. Spaziano, and Carl William Pollock v. Frost Bank

Opinion

ACCEPTED 03-15-00506-CV 7671232 THIRD COURT OF APPEALS AUSTIN, TEXAS 11/4/2015 7:57:59 AM JEFFREY D. KYLE CLERK No. 03-15-00506-CV

FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD COURT OF APPEALS DISTRICT11/4/2015 OF TEXAS 7:57:59 AM JEFFREY D. KYLE Clerk

EUGENE MILES PRENTICE, RICHARD M. SPAZIANO, and CARL WILLIAM POLLOCK, Appellants,

vs.

FROST BANK, Appellee.

Appeal from the 200th District Court of Travis County, Texas Docket No. D-1-GN-13-000711

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ BRIEF

TO THE HONORABLE JUSTICES OF THIS COURT: Appellants, Eugene Miles Prentice, Richard M. Spaziano, and Carl

William Pollock, respectfully requests that the Court grant them a 28-day

extension of time, to and including December 7, 2015, for them to file a

combined Appellants’ Brief. In support, the Appellants respectfully show:

1 Procedural History

1. This is an appeal of a final summary judgment, which was per-

fected August 12, 2015. The Clerk’s Record was filed October 9, 2015. There

is no Reporter’s Record. Currently, the Appellants’ Briefs are due Monday,

November 9, 2015.

2. In this appeal, Eugene Miles Prentice and Richard M. Spaziano

are represented by the undersigned counsel. Carl William Pollock is pro se.

The Appellants have agreed to submit a single brief. While it is anticipated

that counsel for Prentice and Spaziano will perform the bulk of the draft-

ing, drafts of the brief will be circulated to Pollock for his comments.

3. The Appellants have not previously sought an extension of

time to file their principal briefs.

Grounds for Granting an Extension of Time

4. The Court should grant an extension of time upon the showing

of any reasonable explanation. See National Union Fire Ins. Co. v. Ninth Court

of Appeals, 864 S.W.2d 58, 60 (Tex. 1993) (any demonstration of the need for

additional time, short of deliberate or intentional noncompliance, qualifies

as a reasonable explanation).

5. The undersigned counsel respectfully requests a 28 day exten-

sion of time because his schedule has prevented him from devoting ade-

2 quate time to writing a brief in this case. Within the past week, the under-

signed has filed two briefs in two different appeals:

a. One, in the First Court of Appeals in Houston involving an 16 volume Reporter’s Record and 3 volume Clerk’s Record where the Court was being asked to review the legal suffi- ciency and factual sufficiency of a jury’s verdict; and b. The other, a bankruptcy appeal to the United States District Court involving a issues of first impression in the Fifth Cir- cuit. In the mean time, the undersigned is having to spend an extensive amount

of time in two recently-filed Chapter 11 bankruptcy cases and is preparing

for a multi-day trial in the United States Tax Court.

6. In the present case, additional time is needed in order to allow

Carl William Pollock, a pro se appellant, to review and comment on drafts

of the combined brief of the appellants and there will be the inevitable loss

of several days surrounding the Thanksgiving holidays, a 28 day extension

of time is likely the minimum necessary time for the Appellants to file a

brief that fully advises the Court on the legal issues in this case.

Agreement of Opposing Counsel

7. The undersigned attorney has conferred with opposing coun-

sel, Kendall D. Hamilton, regarding this Motion. He is not opposed to the

extension of time requested herein.

WHEREFORE, for the foregoing reasons, Appellant, Eugene Miles

Prentice, Richard M. Spaziano, and Carl William Pollock respectfully re-

3 quest that the Court extend the deadline for them to file their principal

briefs to Monday, December 7, 2015, as well as such other relief which is

appropriate.

Respectfully Submitted, Pendergraft & Simon, LLP 2777 Allen Parkway, Suite 800 Houston, TX 77019 Tel. 713-528-8555 Fax. 713-868-1267

/s/ William P. Haddock William P. Haddock Texas Bar No. 00793875 whaddock@pendergraftsimon.com Robert L. Pendergraft Texas Bar No. 15743500 rlp@pendergraftsimon.com Counsel for Eugene Miles Prentice and Richard M. Spaziano

/s/ Carl William Pollock*with permission by WPH Carl William Pollock 1200 Barton Creek Blvd. #3 Austin, TX 78735 Tel. 512-656-6374 bpollock@healthcarerecoveryadvisors.com

Appellant, pro se

4 Certificate of Service

I hereby certify that a true and correct copy of the foregoing Unopposed Motion for Extension of Time has been served on the following coun- sel/parties of record via e-service or facsimile transmission, if e-service is unavailable, in accordance with the TEX. R. APP. P. 9.5 and local rules for electronic filing on this 4th day of November 2015: Kendall D. Hamilton Carl William Pollock Law Office of Ken Hamilton 1200 Barton Creek Blvd. #3 900 RR 620 South Austin, TX 78735 Suite C101#164 bpollock@healthcarerecoveryadvisors.com Austin, TX 78734 (by agreement) Counsel for Frost Bank Appellant, pro se

/s/ William P. Haddock William P. Haddock