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

Opinion

ACCEPTED 03-14-00714-CV 5362636 THIRD COURT OF APPEALS AUSTIN, TEXAS 5/20/2015 3:03:57 PM JEFFREY D. KYLE CLERK

No. 03-14-00714-CV _____________________________ FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS COURT OF APPEALS 5/20/2015 3:03:57 PM THIRD JUDICIAL DISTRICT OF TEXAS JEFFREY D. KYLE AUSTIN, TEXAS Clerk _____________________________________

KEVIN TARR, Appellant,

v.

LANTANA SOUTHWEST HOMEOWNERS’ ASSOCIATION, INC., Appellee. _______________________________

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S REPLY BRIEF

TO THE HONORABLE COURT OF APPEALS:

Appellant Kevin Tarr, under the authority of Texas Rule of Appellate

Procedure 10.5(b), requests additional time to file his Reply Brief.

1. Appellant’s Reply Brief is currently due Monday, June 8, 2015.

2. Appellant respectfully requests an extension of time for 14 days to file

his Reply Brief. With the extension, the Reply Brief will be due on Monday, June

22, 2015.

3. After retaining new appellate counsel, Appellant filed his opening brief

on March 16, 2015. 4. On April 1, 2015, this Court granted Appellee’s request for a 30-day

extension of time to file its response brief, which Appellee filed on May 18, 2015.

As a result of Appellee’s extension, Appellant’s Reply Brief is currently due on June

8, 2015.

5. Appellant’s counsel has a pre-planned vacation over the Memorial Day

weekend (May 22-25). Additionally, Mr. Ploeger is required to attend to other time-

sensitive matters, including briefing in Dos Republicas Coal Partnership v. David

Saucedo, et al., No. 04-14-00828-CV, in the Fourth Court of Appeals, San Antonio,

Texas.

6. This request is not sought for delay, but in order that justice may be

done.

7. This is the first extension Appellant has sought with respect to his Reply

Brief.

8. Counsel for Appellant has conferred with counsel for Appellee,

Gregory B. Godkin, and Mr. Godkin stated that Appellee is unopposed to the

requested extension.

PRAYER

Appellant requests that this Court to grant an extension of 14 days to file his

Reply Brief, making the Reply due on Monday, June 22, 2015. Appellant also prays

for any other relief to which he may be entitled.

2 Respectfully submitted,

/s/ Matthew Ploeger Matthew Ploeger State Bar No. 24032838 LAW OFFICE OF MATTHEW PLOEGER 901 S. Mopac Expressway, Suite 300 Barton Oaks Plaza, Building One Austin, Texas 78746 P: 512.298.2088 F: 512.298.1787 Matthew@PloegerLaw.com Attorney for Appellant

3 CERTIFICATE OF CONFERENCE

Counsel for Appellant has conferred with counsel for Appellee, Gregory B.

Godkin, and Appellee is unopposed to the motion for extension of time.

/s/ Matthew Ploeger Matthew Ploeger Dated: May 20, 2015

4 CERTIFICATE OF SERVICE

I certify that a true and correct copy of the above and foregoing was

forwarded to all counsel of record by the Electronic Filing Service Provider, if

registered; a true and correct copy of this document was forwarded to all counsel of

record not registered with an Electronic Filing Service Provider and to all other

parties as follows:

Gregory B. Godkin ROBERTS MARKEL WEINBERG BUTLER HAILEY PC 111 Congress, Suite 1620 Austin, TX 78701 512.279.7344–telephone 713.840.9404–facsimile

/s/ Matthew Ploeger Matthew Ploeger Dated: May 20, 2015