Joel A. Kolb and Tracey A. Kolb v. Edward C. Scarbrough, Individually and as Trustee for ECS Trust, ECS Trust and Cheryl Scarbrough

• Court: Court of Appeals of Texas
• Decided: January 7, 2015
• Docket: 01-14-00671-CV
• Status: Published

Opinion

ACCEPTED 01-14-00671-cv FIRST COURT OF APPEALS HOUSTON, TEXAS 1/7/2015 2:44:38 PM CHRISTOPHER PRINE CLERK

Cause No. 01-14-00671-CV __________________________________ FILED IN IN THE COURT OF APPEALS 1st COURT OF APPEALS HOUSTON, TEXAS FOR THE FIRST DISTRICT OF TEXAS 1/7/2015 2:44:38 PM HOUSTON, TEXAS CHRISTOPHER A. PRINE Clerk

JOEL A. KOLB AND TRACEY KOLB

Appellants, v. EDWARD C. SCARBROUGH, INDIVIDUALLY AND AS TRUSTEE FOR ECS TRUST, ECS TRUST AND CHERYL SCARBROUGH Appellees.

Appeal from the 268th District Court of Harris County, Texas Cause No. 2013-DCV-205374

JOEL A. KOLB AND TRACEY KOLB’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ REPLY BRIEF

COME NOW Appellants Joel A. Kolb and Tracey A. Kolb and file this

Unopposed Motion for Extension of Time pursuant to Texas Rule of Appellate

Procedure 10.5(b) and in support thereof would respectfully show as follows:

1. The current deadline for filing Appellants’ Reply Brief is January 9,

2015.

2. Appellants seek an extension of time to file their reply brief until

January 16, 2015, an additional 7 days from the original due date of Appellants’

brief. 3. This is Appellants’ first request for an extension on the Appellants’

Reply Brief. This request is not sought for delay, but in order that justice may be

done and to allow time for preparation of helpful and complete briefs on the merits.

See TEX. R. APP. P. 10.5(b)(1)(c)

PRAYER Appellants ask this Court to grant an extension until Friday, January 16, to

file their Reply Brief.

Respectfully submitted,

/s/ Benjamin W. Allen Casey T. Wallace State Bar No. 00795827 Benjamin W. Allen State Bar No. 24069288 JOHNSON, TRENT, WEST & TAYLOR, LLP 919 Milam, Suite 1700 Houston, Texas 77002 Telephone: (713) 222-2323 Facsimile: (713) 222-2226

ATTORNEYS FOR APPELLANTS ANDREW A. KOLB AND TRACEY A. KOLB

2 CERTIFICATE OF CONFERENCE On January 6, 2015, the below-signed counsel for Appellants contacted Brett Sileo, counsel for Appellees, and Appellees are unopposed to the relief requested in this motion.

/s/ Benjamin W. Allen Benjamin W. Allen

CERTIFICATE OF SERVICE

I certify that on January 7, 2015, a true and correct copy of the foregoing instrument was served in accordance with the Texas Rules of Civil Procedure.

Britton B. Harris Harris, Hilburn & Sherer 1111 Rosalie Houston, Texas 77004 Telephone: (713) 223-3936 Facsimile: (713) 224-5358

Attorney for Appellees, Edward C. Scarbrough, Individually and as Trustee of ECS Trust, Cheryl Scarbrough and ECS Trust