Joan Johnson, Kaleta Johnson, Seth Johnson and Wirt Blaffer v. Michael Phillips, Spindle Top Publishing, and Phillips Akers Womac, P.C.

Opinion

ACCEPTED 01-15-00173-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 7/27/2015 10:11:28 PM CHRISTOPHER PRINE CLERK

No. 01-15-00173-CV

IN THE COURT OF APPEALS FILED IN 1st COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS HOUSTON, TEXAS HOUSTON, TEXAS 7/27/2015 10:11:28 PM ________________________________________________________ CHRISTOPHER A. PRINE Clerk

JOAN JOHNSON, KALETA JOHNSON, SETH JOHNSON, AND WIRT BLAFFER, Appellants v.

MICHAEL PHILLIPS, SPINDLE TOP PUBLISHING, AND PHILLIPS AKERS WOMAC, P.C., Appellees ________________________________________________________

On Appeal from the 333rd Judicial District Court Harris County, Texas Trial Court Cause No. 2011-14027 ________________________________________________________

UNOPPOSED SECOND MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ BRIEF ________________________________________________________

Patrick Zummo Marc S. Tabolsky State Bar No. 22293450 State Bar No. 24037576 pzummo@zoomlaw.com mtabolsky@yettercoleman.com LAW OFFICES OF YETTER COLEMAN LLP PATRICK ZUMMO Two Houston Center Two Houston Center 909 Fannin, Suite 3600 909 Fannin, Suite 3500 (713) 632-8000 Houston, Texas 77010 (713) 632-8002 [facsimile] (713) 651-0590 (713) 651-0597 [facsimile]

ATTORNEYS FOR APPELLANTS TO THE HONORABLE FIRST COURT OF APPEALS: Appellants Joan Johnson, Kaleta Johnson, Seth Johnson, and Wirt Blaffer,

respectfully request under Texas Rule of Appellate Procedure 10.5(b) that the

Court grant a 7-day extension of time to file appellants’ brief in the above- captioned matter.

Appellants’ brief is currently due on July 31, 2015. If the requested

extension is granted, appellants’ brief will be due on August 7, 2015. Appellees do

not oppose this request for an extension.

Appellants have previously requested and received a 14-day extension of

time to file their brief.

On May 27, 2015, appellants filed a motion to reset the briefing deadlines

because the clerk’s record omitted several key documents that had been timely

requested to be included in the clerk’s record. On June 3, 2015, the Court granted the motion, ordered the district clerk to supplement the record within 30 days, and

ordered that appellant’s brief would be due 30 days from the date the supplemental

record was filed.

On July 13, 2015, appellants filed a motion for a 14-day extension of time to

file their opening brief. The motion was granted.

Appellants request this extension because their counsel have had unexpected

medical issues arise in the past two weeks and will also continue to have

significant time commitments related to numerous other cases that make it

impracticable to complete the brief in this matter by the current deadline,

including:

2  Mr. Zummo has had and continues to have an unexpected medical issue that limited his ability to work last week and this week;

 Mr. Tabolsky has to travel for and attend multiple depositions in Smith v. SEECO, Inc., Case No. 4:14-cv-435-BRW, in the United States District Court for the Eastern District of Arkansas, Western Division;

 Mr. Tabolsky has to prepare for a hearing on multiple motions that was recently set for July 29, 2015 in Little Rock, Arkansas in Smith v. SEECO, Inc., Case No. 4:14-cv-435-BRW, in the United States District Court for the Eastern District of Arkansas, Western Division

 Mr. Tabolsky has had and continues preparation for post-trial motions set to be argued on August 4, 2015, in Lufkin Industries, Inc. v. IBM Corp., No. CV-02073-13-02, in the 159th District Court, Angelina County, Texas;

 Mr. Tabolsky has preparation for oral argument set for August 31, 2015, in MM Steel, L.P. v. Reliance Steel & Aluminum Co., No. 14-20267, in the Fifth Circuit Court of Appeals;

For these reasons, appellants request a 7-day extension of time to file their

opening brief until August 7, 2015.

Respectfully submitted:

YETTER COLEMAN LLP Two Houston Center 909 Fannin, Suite 3600 (713) 632-8000 (713) 632-8002 Facsimile

By /s/ Marc S. Tabolsky Marc S. Tabolsky State Bar No. 24037576 mtabolsky@yettercoleman.com 3 LAW OFFICES OF PATRICK ZUMMO Two Houston Center 909 Fannin, Suite 3500 Houston, Texas 77010 (713) 651-0590 (713) 651-0597 Facsimile

Patrick Zummo State Bar No. 22293450

Attorneys for Appellants Joan Johnson, Kaleta Johnson, Seth Johnson, and Wirt Blaffer

4 CERTIFICATE OF CONFERENCE

As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that on July 27, 2015, I conferred by e-mail with William W. Ogden, counsel for appellees Michael Phillips, Spindle Top Publishing, and Phillips Akers Womac, P.C. Counsel advised me that appellees do not oppose this motion.

/s/ Marc S. Tabolsky Marc S. Tabolsky

5 CERTIFICATE OF SERVICE I certify that the foregoing document was filed electronically with the Clerk

of the Court using the electronic case filing system of the Court. I also certify that

a true and correct copy of the foregoing was served on the following counsel of

record for appellee via e-service on July 27, 2015.

William W. Ogden Ogden, Gibson, Broocks, Longoria & Hall, L.L.P. 1900 Pennzoil South Tower 711 Louisiana Houston, Texas 77002 Attorney for Appellees Michael Phillips, Spindle Top Publishing, and Phillips Akers Womac, P.C.

/s/ Marc S. Tabolsky Marc S. Tabolsky