in the Estate of William L. Moore, Jr.

Opinion

ACCEPTED 05-18-00019-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 6/5/2018 3:39 PM LISA MATZ CLERK

IN THE

COURT OF APPEALS FILED IN 5th COURT OF APPEALS DALLAS, TEXAS FIFTH DISTRICT OF TEXAS AT DALLAS 6/5/2018 3:39:32 PM __________________________________________________________________ LISA MATZ Clerk

NO. 05-18-00019-CV __________________________________________________________________

In re Estate of William L. Moore, Jr., Deceased

__________________________________________________________________

UNOPPOSED FIRST MOTION OF APPELLEES ARKANSAS ART CENTER AND ARKANSAS SYMPHONY ORCHESTRA TO EXTEND TIME TO FILE THEIR BRIEF __________________________________________________________________

Blair G. Francis State Bar No. 07354900 Nickelette P. Lotspeich State Bar No. 24094233

FRANCIS & TOTUSEK, LLP 1830 Ross Tower 500 North Akard Street Dallas, Texas 75201 Telephone 214.740.4250 Facsimile 214.740.4266

Counsel for Appellees

UNOPPOSED FIRST MOTION OF APPELLEES TO EXTEND TIME TO FILE THEIR BRIEF – Page 1 of 5 Pursuant to Rule 38.6(d), TEX. R. APP. P., Appellees Arkansas Symphony

Orchestra and Arkansas Arts Center respectfully move for the first time for an

extension of time in which to file their Appellees’ brief. In support hereof, Appellees

would show as follows:

1. Appellees’ Brief is currently due June 13, 2018. They request that the

deadline be extended for 30 days, until July 13, 2018. Counsel for both Appellants

have communicated their non-opposition.

2. Appellees’ counsel seek the extension because there are two Appellants,

both of whom filed separate briefs asserting different appellate issues. The normal

time allotted by the appellate rules for filing an appellees’ brief might have been

sufficient had Appellees here been responding to only one appellant’s brief; but

because there are two asserting different issues, Appellees will in effect be filing two

responsive briefs in one. In addition, Appellees’ counsel has been involved with

matters pertaining to the filing of an expert report due June 7, 2018 in a multi-million

dollar case pending in a Harris County District Court. Appellees’ counsel will

therefore need the requested extra time in which to undertake adequately the research

and analysis needed to draft and finalize Appellees’ Brief.

UNOPPOSED FIRST MOTION OF APPELLEES TO EXTEND TIME TO FILE THEIR BRIEF – Page 2 of 5 3. Accordingly, Appellees request that their June 13, 2018 deadline be

extended for 30 days to and including Friday, July 13, 2018.

4. No extension of time in favor of Appellees has previously been sought

or granted, whereas Appellants have previously been granted two unopposed

extensions.

5. The undersigned counsel for Appellees communicated by email with

Jerry Bullard, counsel for Appellant Lenz, and Eilleen Hall, counsel for Appellant

Akin. Both replied that they do not oppose the relief requested herein.

6. The extension sought in this motion is not sought solely for purposes of

delay, but only so that justice may be done.

WHEREFORE, PREMISES CONSIDERED, Appellees Arkansas Symphony

Orchestra and Arkansas Arts Center respectfully pray that the date on which their

Appellee’s Brief must be filed be extended 30 days, through and including Friday,

July 13, 2018, and that Appellees have such other and further relief as they may be

entitled to receive at law or in equity.

Respectfully submitted,

FRANCIS & TOTUSEK, L.L.P.

By: /s/ Blair G. Francis Blair G. Francis

UNOPPOSED FIRST MOTION OF APPELLEES TO EXTEND TIME TO FILE THEIR BRIEF – Page 3 of 5 State Bar No. 07354900

500 North Akard Street Suite 1830 Dallas, Texas 75201 Telephone 214.740.4250 Facsimile 214.740.4266 blair.francis@ftllplaw.com

CERTIFICATE OF CONFERENCE

On June 4, 2018, I received separate emails from Jerry Bullard, counsel for

Appellant Lenz, and Eileen Hall, counsel for Appellant Akin, that they did not oppose

the relief requested herein.

/s/ Blair G. Francis Blair G. Francis

UNOPPOSED FIRST MOTION OF APPELLEES TO EXTEND TIME TO FILE THEIR BRIEF – Page 4 of 5 CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the above and foregoing

document has been served electronically on (i) Appellant Lenz by delivering it to

Jerry Bullard, her counsel of record, via email at jdb@all-lawfirm.com, and (ii)

Appellant Akin by delivering it to Eileen Hall and Scott Stolley, her counsel of

record, at eileen@eileenhall.com and scott@appellatehub.com, this 5th day of

June, 2018.

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UNOPPOSED FIRST MOTION OF APPELLEES TO EXTEND TIME TO FILE THEIR BRIEF – Page 5 of 5