Julie E. Schmader v. Matthew M. Butschek D/B/A Accent Financial Services

Opinion

ACCEPTED 05-15-00278-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 11/9/2015 11:35:45 AM LISA MATZ CLERK

NO. 05-15-00278-CV _______________________________________________________ FILED IN 5th COURT OF APPEALS IN THE FIFTH DISTRICT COURT OF APPEALS DALLAS, TEXAS DALLAS, TEXAS 11/9/2015 11:35:45 AM _______________________________________________________ LISA MATZ Clerk

Julie Schmader, Appellant,

v.

Matthew Butschek d/b/a Accen Financial Services, Appellees. _______________________________________________________

APPELLEES’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF _______________________________________________________

TO THE HONORABLE COURT OF APPEALS:

1. Appellees’ Brief is due on November 10, 2015.

2. This Court previously granted two extensions to Appellant and two

extensions to Appellees.

3. The undersigned apologizes for the need to request a third extension,

but the circumstances are exceptional. The undersigned has, over the past six

weeks, experienced the heaviest workload in his 24 years of practice.

MOTION FOR EXTENSION PAGE 1 4. In the past week alone, the undersigned argued a complex and

important home school education case in the Supreme Court of Texas, and State of

Texas v. Al Hill III in the Texas Court of Criminal Appeals. These arguments

followed another oral argument in the Supreme Court of Texas just three weeks

ago. Upon concluding the Hill argument, counsel immediately had to file an

appellant’s brief in the Fort Worth Court of Appeals, and has a petition for review

due in the Supreme Court of Texas on Thursday, November 12, 2015. He then has

oral argument in this Court on November 17, 2015.

5. Appellees seek an 21-day extension to make their brief due on

November 30, 2015. They do not intend to seek any further extension.

6. Counsel for appellant does not oppose this motion.

Based on the foregoing, appellees ask that the deadline for their brief be

extended to November 30, 2015.

MOTION FOR EXTENSION PAGE 2 Respectfully submitted,

/s/Charles “Chad” Baruch Texas Bar Number 01864300 Johnston Tobey Baruch, PC 3308 Oak Grove Avenue Dallas, Texas 75204 Telephone: (214) 741-6260 Facsimile: (214) 741-6248 E-Mail: chad@jtlaw.com

Attorney for Appellees

CERTIFICATE OF CONFERENCE

The undersigned certifies that he conferred with Thomas Cowart, who stated in writing that he does not oppose the relief sought by this motion.

/s/Charles “Chad” Baruch

CERTIFICATE OF SERVICE

The undersigned certifies that a true and correct copy of this instrument was served upon all counsel of record by e-filing upon Thomas Cowart on November 9, 2015.

MOTION FOR EXTENSION PAGE 3