John E. Vogt and Nelda L. Vogt v. Marin Real Estate Partners

Opinion

ACCEPTED

04-15-00636-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

12/2/2015 10:32:23 AM

KEITH HOTTLE

CLERK

NO. 04-15-00636-CV

*** FILED IN 4th COURT OF APPEALS

SAN ANTONIO, TEXAS

IN THE COURT OF APPEALS 12/2/2015 10:32:23 AM FOURTH COURT OF APPEALS DISTRICT KEITH E. HOTTLE Clerk

SAN ANTONIO, TEXAS

***

JOHN E. VOGT and NELDA L. VOGT, Appellants

v.

MARIN REAL ESTATE PARTNERS, et al., Appellees

***

MOTION TO EXTEND TIME TO FILE BRIEF TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

Appellants John Vogt and Nelda Vogt file this Motion to Extend Time to File Brief as follows:

1. This is an appeal from Cause No. 06-150, John E. Vogt, et al. v.

Marin Real Estate Partners, et al., in the 216th Judicial District Court of Kendall County, Texas.

2. By Order dated November 13, 2015, the Court ordered the Vogts to file a jurisdictional brief by December 3, 2015.

3. The Vogts request an extension until January 15, 2016 to file their brief.

4. Reasons for the need for an extension:

a. The Vogts’ counsel is a solo practitioner in Kerrville, Texas.

b. As recognized by the Court in its Order, Texas appellate courts have conflicting opinions about the jurisdictional issue in this case.

c. Counsel has been unable to complete the Vogts’ brief because of other commitments and a full litigation docket.

5. Appellees will not be prejudiced by the short extension.

6. This is the only request for an extension of time regarding the Court’s November 13, 2015 Order.

PRAYER

Appellants John Vogt and Nelda Vogt respectfully request that the Motion to Extend be granted, that the deadline be extended until January 15, 2016, and request any other relief to which they may be entitled.

3

Respectfully submitted,

STEPHEN B. SCHULTE, P.C.

Main Plaza One

820 Main Street, Suite 100 Kerrville, Texas 78028

Telephone: (830) 258-4222 Facsimile: (830) 715-9292

________/s/____________________ Stephen B. Schulte

State Bar No. 17836500

Attorney for John Vogt and Nelda Vogt

CERTIFICATE OF SERVICE

I certify that on December 1, 2015, a true copy of this Motion has been served on all counsel of record as follows:

Roger Bresnahan Via E-Serve

_______/s/____________

Stephen B. Schulte