Juan 0. Lopez D/B/A J.L. Construction Co. v. Dave H. Bucholz and Mary A. Bucholz

Opinion

ACCEPTED 03-15-00034-CV 5655743 THIRD COURT OF APPEALS AUSTIN, TEXAS 6/12/2015 12:14:03 PM JEFFREY D. KYLE CLERK No. 03-15-00034-CV

IN THE THIRD COURT OF APPEALS FILED IN AUSTIN, TEXAS 3rd COURT OF APPEALS AUSTIN, TEXAS 6/12/2015 12:14:03 PM JEFFREY D. KYLE JUAN O. LOPEZ d/b/a J.J. CONSTRUCTION CO., Clerk

Appellant

v.

DAVE H. BUCHHOLZ and MARY A. BUCHHOLZ

Appellees

On Appeal from the 274th Judicial District Court of Comal County, Texas Cause No. C2014-0259C

APPELLEE’S UNOPPOSED MOTION TO EXTEND TIME TO FILE RESPONSE TO APPELLANT’S BRIEF

TO THE HONORABLE COURT OF APPEALS:

Appellees, Dave H. Buchholz and Mary A. Buchholz (“Buchholz”), pursuant

to TEX. R. APP. P, Rules 10.5(b) and 38.6(d), asks this Honorable Court for an

extension of fourteen (14) days, to and including June 26, 2015, within which to file

its Response to Appellant’s Brief in the above captioned matter, and would show as

follows:

1. This is Appellee’s second request for an extension of time in which to

file his Brief.

1 2. Buchholz’s reply brief is currently due on June 12, 2015. Buchholz has

contacted counsel Appellant Juan O. Lopez d/b/a J.J. Construction Co., (“J.J.

Construction”) and counsel does not oppose this requested extension.

3. The undersigned counsel has numerous professional commitments in

several counties in Texas; included among those commitments is management of the

Vethan Law Firm’s San Antonio office.

4. Additionally, one of the Vethan Law Firm senior attorneys, Mr.

Andrew Walker, was recently called to active duty in the Navy, and is currently on

leave from his responsibilities with the firm. A second attorney, hired to help handle

Mr. Walker’s case load while on active duty, resigned without notice, which has

significantly increased the burden on the remaining attorneys.

5. Appellee requests an extension of time for fourteen (14) days, until

Friday, June 26, 2015.

6. Appellant’s counsel is not opposed to the extension of time.

7. This request is not sought for delay, but so that justice may be done.

Prayer

For the foregoing reasons, Appellee respectfully asks this Honorable Court

for an extension of the deadline to file Appellee’s Brief for additional period of

fourteen (14) days, that is, until June 26, 2015 and for such other and further relief

to which he may be entitled.

2 Respectfully submitted,

THE VETHAN LAW FIRM, P.C.

/s/ Joseph L. Lanza Joseph L. Lanza Texas Bar No. 00784447 8700 Crownhill Blvd., Suite 302 San Antonio, Texas 78209 (210) 824-2220 voice (210) 826-2223 facsimile Counsel for Appellee, Dave H. Buchholz and Mary A. Buchholz

CERTIFICATE OF CONFERENCE

I certify that on June 12, 2015, I conferred with Appellant’s counsel, Mr.

Richard McSwain, regarding the requested extension and counsel is not opposed to the

grant of such extension for an additional 14 days.

/s/ J. Seth Grove J. Seth Grove

3 CERTIFICATE OF SERVICE I certify that on June 12, 2015, a true and correct copy of this was served to each

person listed below, per the Federal Rules of Appellate Procedure:

COATS|ROSE Via ECF Richard C. McSwain Adam J. Richie Ryan T. Kinder Jamie Cohen 1020 Northeast Loop 410, Suite 800 San Antonio, Texas 78209 Attorney for Juan O. Lopez d/b/a J.J. Construction Co.,

/s/ Joseph L. Lanza Joseph L. Lanza