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

Opinion

ACCEPTED

03-15-00034-CV

5930003

THIRD COURT OF APPEALS

AUSTIN, TEXAS

7/2/2015 7:46:36 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

7/2/2015 7:46:36 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, pursuant to TEX. R.

APP. P, Rules 10.5(b) and 38.6(d), asks this Honorable Court for an extension of time within which to file their Response to Appellant’s Brief in the above captioned matter.

1. Appellees request an extension of time for six (6) days, until Thursday, July 2, 2015.

2. Appellees are filing their brief on the merits contemporaneously with this motion for an extension of time.

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3. This is Appellees third request for an extension of time in which to file his Brief.

4. Appellees’ reply brief was due on June 26, 2015. Counsel planned to complete and file the brief on June 26, 2015, but unanticipated scheduling conflicts interfered with that goal. Furthermore, counsel was scheduled to be on vacation from June 27 through July 1, 2015, preventing completion on those dates.

5. Therefore, Appellees request an extension of time for six (6) days, until Thursday, July 2, 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 Appellees’ Brief for additional period of six (6) days, that is, until July 2, 2015 and for such other and further relief to which they may be entitled.

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

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(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 29, 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 6 days.

/s/ Joseph L. Lanza

Joseph L. Lanza

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CERTIFICATE OF SERVICE

I certify that on July 2, 2015, a true and correct copy of this was served to each

person listed below:

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

/s/ Joseph L. Lanza

Joseph L. Lanza