Kevin Tarr v. Lantana Southwest Homeowners' Association, Inc.

Opinion

ACCEPTED 03-14-00714-CV 4715673 4685527 THIRD COURT OF APPEALS AUSTIN, TEXAS 3/30/2015 3/31/2015 9:30:05 3:54:16 AM PM JEFFREY D. KYLE CLERK NO. 03-14-00714-CV

FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS THIRD JUDICIAL DISTRICT OF TEXAS 3/31/2015 3:54:16 PM AUSTIN, TEXAS JEFFREY D. KYLE Clerk On Appeal from the 98th Judicial District Court of Travis County Cause Number No. D-1-GN-12-002467

KEVIN TARR

Appellant,

v.

LANTANA SOUTHWEST HOMEOWNERS’ ASSOCIATION, INC.,

Appellee,

AGREED MOTION TO EXTEND TIME

TO THE HONORABLE COURT:

Appellee, Lantana Southwest Homeowners’ Association (“Lantana”)

files this First Unopposed Motion for Extension of Time to File Appellee’s Reply

Brief, pursuant to Texas Rules of Appellate Procedure 38.6 and 10.5(b)(1), and

would respectfully show unto the Court the following:

1. The current deadline for filing Lantana’s Reply Brief is April 16,

2015.

2. Lantana seeks a 30-day extension of time to file its Reply Brief,

whereby the deadline would be on May 16, 2015. 1 3. This extension of time is sought because the briefing required for the

Reply Brief is extensive, and the undersigned counsel for Lantana has both

depositions and a mediation in two multiple party cases during the time the

briefing is required under the current deadline. Because the cases both involve

multiple parties and because the dates were agreed upon in advance of Appellant’s

Brief, it would be inefficient and impractical to attempt to reschedule the prior

commitments so that adequate time may be afforded to the briefing.

4. This is the first Motion for Extension of Time filed with the court by

Lantana.

5. This motion is agreed/unopposed.

6. This extension of time is not requested for mere delay, but to allow

counsel adequate time to accurately present the issues on appeal.

For these reasons, Appellee Lantana respectfully requests that this Court

grant a 30-day extension of time to file its Reply Brief herein, and set the deadline

for filing the same to May 16, 2015.

2 Respectfully submitted, ROBERTS MARKEL WEINBERG BUTLER HAILEY PC

___________________________________ GREGORY B. GODKIN Texas State Bar No. 24002146 111 Congress, Suite 1620 Austin, TX 78701 ggodkin@rmwbhlaw.com Telephone: (512) 279-7344 Fax: (713) 840-9404 Attorneys for Lantana Southwest Homeowners’ Association, Inc.

CERTIFICATE OF COMPLIANCE Pursuant to Rule 9.4 i(3) of the Texas Rules of Appellate Procedure, I certify

that the word count in this Lantana Southwest Homeowners’ Association, Inc.’s

First Unopposed Motion for Extension of Time to File its Appellee Brief is 523

words.

_________________________________ GREGORY B. GODKIN

CERTIFICATE OF CONFERENCE

On March 26, 2014, Gregory B. Godkin, counsel for Appellee, conferred

with Matthew Ploeger, counsel for Appellant, regarding the matter at issue in this

Motion. Mr. Ploeger is agreed/unopposed to the relief sought in Lantana

3 Southwest Homeowners’ Association, Inc.’s First Motion for Extension of Time to

File its Reply Brief.

_________________________________ GREGORY B. GODKIN

CERTIFICATE OF SERVICE

I hereby certify that pursuant to Tex. R. Civ. P. 21a, a true and correct copy

of the foregoing instrument was served upon the parties listed below by fax,

delivery service, messenger, mail, and/or through the serving party’s electronic

filing service provider, this 30th day of March, 2015.

Via Facsimile No. (512) 298-1787 Mr. Matthew Ploeger Law Office of Matthew Ploeger 901 S. Mopac Expressway, Suite 300 Barton Oaks Plaza, Building One Austin, Texas 78746 (512) 298-2088 Phone

Attorney for Kevin Tarr

_________________________________ GREGORY B. GODKIN