Joseph P. Thweatt v. Billingsley House Moving, Inc. And Oliver Billingsley

• Court: Court of Appeals of Texas
• Decided: June 25, 2015
• Docket: 03-15-00333-CV
• Status: Published

Opinion

ACCEPTED 03-15-00333-CV 5817647 THIRD COURT OF APPEALS AUSTIN, TEXAS 6/25/2015 10:25:02 AM JEFFREY D. KYLE CLERK NO. 03-15-00333-CV

In the Court of Appeals FILED IN for the Third Judicial District of Texas 3rd COURT OF APPEALS AUSTIN, TEXAS at Austin 6/25/2015 10:25:02 AM JEFFREY D. KYLE Clerk JOSEPH P. THWEATT,

Appellant,

v.

BILLINGSLEY HOUSE MOVING, INC., and OLIVER BILLINGSLEY,

Appellees.

On Appeal from the 353rd Judicial District Court Travis County, Texas Trial Court Cause No. D-1-GN-14-005006

JOINT AGREED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT BRIEF

TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to Texas Rule of Appellate Procedure 10.5(b), Joseph P. Thweatt,

Billingsley House Moving, Inc., and Oliver Billingsley (collectively, the “Parties”) file

this Joint Agreed Motion (the “Motion”) requesting that the time for filing the appellant

brief be extended by 21 days to July 23, 2015. In support, the Parties would respectfully

show the Court as follows:

Joint Agreed Motion for Extension of Time Page 1 of 4 1. Appellant Joseph P. Thweatt perfected this appeal by filing a notice of

appeal on June 2, 2015. The clerk’s record and reporter’s record were filed on June 12,

2015. As a result, the current deadline for filing the appellant brief is July 2, 2015.

2. The Parties seek an extension of 21 days to file the appellant brief, that is,

an extension of the deadline up to and including Thursday, July 23, 2015. The Parties

seek this extension because they are engaged in ongoing settlement discussions that could

resolve the appeal.

3. No previous extensions of time to file the appellant brief have been

requested.

4. This Motion is a joint motion by all Parties to this appeal, and all Parties

have agreed to the requested extension.

5. The Parties do not ask for this extension for purposes of delay, but so that

justice may be served and they may best present their contentions and arguments to the

Court.

WHEREFORE, the Parties respectfully request that the Court grant this Joint

Agreed Motion for Extension of Time to File Appellant Brief, extending the deadline for

filing the appellant brief to July 23, 2015, and grant such other relief, at law and in

equity, to which the Parties are entitled.

Joint Agreed Motion for Extension of Time Page 2 of 4 Respectfully submitted,

/s/Carl R. Galant By:_________________________

L. Lee Thweatt State Bar No. 24008160 Terry & Thweatt, P.C. One Greenway Plaza, Suite 100 Houston, Texas 77046-0102 Telephone: (713) 600-4710 Facsimile: (713) 600-4706 lthweatt@terrythweatt.com

Carl R. Galant State Bar No. 24050633 McGinnis Lochridge 600 Congress Avenue, Suite 2100 Austin, Texas 78701 Telephone: (512) 495-6083 Facsimile: (512) 505-6383 cgalant@mcginnislaw.com

ATTORNEYS FOR APPELLANT

By:___________________________ Tom Murphy

Tom Murphy Law Office of Tom Murphy 9600 Great Hills Trail, Suite 150 W Austin, TX 78759 Facsimile: (512) 493-0691 tom@tommurphyslaw.com

ATTORNEY FOR APPELLEES

Joint Agreed Motion for Extension of Time Page 3 of 4 CERTIFICATE OF SERVICE

25th day of June, 2015, I served a copy of the Joint I hereby certify that on the ____ Agreed Motion for Extension of Time to File Appellant Briefs upon counsel of record for the Appellees in this case pursuant to the Texas Rules of Civil Procedure:

Mr. Tom Murphy Law Office of Tom Murphy 9600 Great Hills Trail, Suite 150 W Austin, TX 78759 Via Facsimile: 512-493-0691

/s/Carl R. Galant __________________________ Carl R. Galant

Joint Agreed Motion for Extension of Time Page 4 of 4