Judy Weirich v. IESI Corporation and Southside Wrecker, Inc.

Opinion

ACCEPTED

03-14-00819-cv

5198000

THIRD COURT OF APPEALS

AUSTIN, TEXAS

5/7/2015 3:29:41 PM

JEFFREY D. KYLE

CLERK

FILED IN

CAUSE NO. 03-14-00819-CV 3rd COURT OF APPEALS AUSTIN, TEXAS

5/7/2015 3:29:41 PM

JEFFREY D. KYLE

IN THE COURT OF APPEALS FOR THE THIRD Clerk COURT OF APPEALS DISTRICT OF TEXAS, AUSTIN, TEXAS

JUDY WEIRICH,

Appellant

vs.

IESI CORPORATION AND SOUTHSIDE WRECKER, INC., Appellees

ON APPEAL FROM THE 33RD JUDICIAL DISTRICT COURT OF BLANCO COUNTY, TEXAS CAUSE NO. CV07387

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLEE

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS OF THE STATE OF TEXAS, AUSTIN, TEXAS:

NOW IESI CORPORATION ("IESI"), Appellee in this cause, and files this its Unopposed Motion for Extension of Time to File Brief of Appellee; and in support thereof would respectfully show this Honorable Court as follows:

I.

Appellant filed her brief on April 16,2015. Appellee' s Brief is currently due on

May 18,2015. This is the first request for an extension of the deadline for filing Brief

ofAppellee herein.

II.

In addition to the undersigned appellate counsel's typically busy trial and

appellate schedule, the undersigned is engaged to an unusual extent at present in

preparing a Motion for Summary Judgment with extensive evidence therein, as well as preparing for the upcoming trial of Cause No. 2008-08-4615-1, styled Co-wen Island

Properties, L.P. vs. John R. Freeland, et al. pending in the 445th Judicial District

Court ofCameron County, Texas.

III.

By reason of the foregoing, Appellant respectfully requests of this Honorable

Court a thirty-day extension until Wednesday, June 17,2015 in which to file the Brief

ofAppellee in this matter. This extension of time will not work a hardship upon any

party, and will facilitate the presentation of briefs sufficient to apprise the Court of the

pertinent facts and law governing the issues at bar and to assist this Honorable Court

in a correct and complete resolution thereof.

IV.

Pursuant to Rule 10.1(a)(5), Tex. R. App. P., the undersigned counsel for

Appellee has conferred with Mr. Zachary P. Hudler, counsel for Appellant, and Mr. George J. Petras, counsel for Co-Appellee, who do not oppose this extension motion

ofAppellee.

V.

This extension is not sought for delay only, but so that justice may be done.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellee respectfully prays that this Unopposed Motion for Extension to Time to File Brief of Appellee be granted;

and for such other and further relief, at law or in equity, to which Appellee might show

itself justly entitled.

Respectfully submitted,

THORNTON, BIECHLIN, SEGRATO, REYNOLDS & GUERRA, L.C.

100 N.E. Loop 410, Suite 500 San Antonio, TX 78216

Telephone: 210/342-5555

Telecopier: 210/525-0666

By: sA^aughan E. Waters

Vaughan E. Waters

State Bar No. 20916700

ATTORNEYS FOR IESI

CORPORATION

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to the following this 7 day of May, 2015.

Mr. Zachary P. Hudler VIA FACSIMILE TO 830/868- 7636 Zachary P. Hudler, PC P.O. Box 1728 JohnsonCity,TX78636 Attorneys for Appellant

Mr. George J. Petras VIA FACSIMILE TO 512/334-9709 The Petras Law Firm 1504 San Antonio St.

Austin, TX 78701 Attorneys for Southside Wrecker, Inc.

s/ Vauehan E. Waters

Vaughan E. Waters