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

Opinion

ACCEPTED 03-15-00506-CV 8098720 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/4/2015 3:09:09 PM 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 DISTRICT12/4/2015 OF TEXAS 3:09:09 PM 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

AGREED 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 14 day

extension of time, to and including December 21, 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. The

Court previously granted a single extension of time pursuant to an unop-

posed motion. Currently, the Appellants’ Briefs are due Monday, Decem-

ber 7, 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.

Grounds for Granting an Extension of Time

3. 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).

4. The undersigned counsel respectfully requests a 14 day exten-

sion of time because the parties have engaged in meaningful settlement ne-

gotiations which, if successful, would render this appeal moot, except for

the entry of an agreed dispositive order. These settlement negotiations

2 have taken place during the past three days, and are continuing. The par-

ties have agreed that a 14 day extension of time would save an unnecessary

expenditure of time and resources should their settlement negotiations ul-

timately prove successful.

Agreement of Opposing Counsel

5. 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. Likewise, the pro se Appellant, Carl

William Pollock, is unopposed to the relief requested.

WHEREFORE, for the foregoing reasons, Appellant, Eugene Miles

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

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

briefs to Monday, December 21, 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

3 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

/s/ Kendall D. Hamilton*with permission by WPH Kendall D. Hamilton Texas Bar No. 08831900 900 RR 620 South, Suite C101 #164 Austin, TX 78734 Tel. 512-261-9938 Fax. 512-261-9959 hamiltonlaw@austin.rr.com Counsel for Appellee

4 Certificate of Service

I hereby certify that a true and correct copy of the foregoing Agreed Mo- tion 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 December 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