Kevin Tower v. Bank of America, N.A.

Opinion

April 6, 2015

IN THE THIRD COURT OF APPEALS OF TEXAS AT AUSTIN

NO.03-14-00404-CV

KEVIN TOWER AND KARRIE LYNN TOWER, Appellants,

v.

BANK OF AMERICA, N.A. Appellee.

APPELLANTS FIRST MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF

COMES NOW APPELLANTS Kevin Tower and Lynn Tower ("Appellants") and files

this their First Motion for Extension of Time to file a Reply Brief, and in support thereof, would

show as follows:

I. FACTS

1. This matter originated from the Hays County Court at Law. Appellants' were the

Defendant's in a case styled, Bank ofAmerica, N.A. v. Kevin Tower, Cause No. 13-0320-C.

2. Appellants' received notice that Appellee's brief was filed on March 12, 2015

thereby making the deadline for filing a Reply Brief April 1, 2015.' 3. Appellant Kevin Tower was recently promoted at his employ which has caused

great delay in a number of tasks most importantly the filing of the Reply Brief. With an

inordinate number of additional tasks required of him with his new position he has had no time

to set aside two uninterrupted days to focus on crafting the arguments required for the Reply

Brief.

Texas Rules ofAppellate Procedure §38.6(c) ofwithin 20 days after the date the appellee's brief was/I JPcbvhT Appellants Motion forExtension of Time 4. It must be noted that the Appellant's are fighting for their home, the single most important asset they own. Therefore it is desperately important that a Reply Brief be filed to distinguish certain important points of law.

II. ARGUMENT & AUTHORITIES

5. Tex. R. App. P. 38.6(c) demands the Appellants' Reply Brief be submitted within

20 days of the Appellee filing its brief. Tex. R. App. P. 38.6(d) does, upon motion, allow for a

modification of the timelines in which to file the brief provided this motion complies with Tex. R. App. P. 10.50(b), which the undersigned believes to be the case.

6. However, for good cause this Court may grant an extension. Appellants are

confident that with the impending holiday twelve (12) additional days from the date of

submission of this motion shall be sufficient time in which to file its brief.

III. PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant preys that this Court grant an

extension of time to file Appellants Appeal Brief.

Respectfully submitted:

Kevin Tc

Appellants Motion for Extension of Time Page 2 of3 CERTIFICATE OF SERVICE

I hereby certify that on this the 2^ day of April 2015, a true and correct copy of the foregoing was served as stated below pursuant to the Texas Rules of Civil Procedure.

Mr. Jonathan M. Williams Confirmed Facsimile to (972) 331-5240 Marinosci Law Group. P.C. 14643 Dallas Parkway. Suite 750 Dallas, Texas 75254 "

Appellants Motion for Extension of Time Page 3 of3