Lea Percy McLaurin v. Scott Sutton McLaurin

Opinion

ACCEPTED 01-14-00710-cv FIRST COURT OF APPEALS HOUSTON, TEXAS 9/1/2015 5:38:03 PM CHRISTOPHER PRINE CLERK

NO. 01-14-00710-CV

IN THE COURT OF APPEALS FILED IN 1st COURT OF APPEALS FOR THE FIRST JUDICIAL DISTRICT HOUSTON, TEXAS OF TEXAS AT HOUSTON 9/1/2015 5:38:03 PM CHRISTOPHER A. PRINE Clerk LEA PERCY MCLAURIN, APPELLANT

V.

SCOTT SUTTON MCLAURIN, APPELLEE __________________________________________________________________

On Appeal from the 309th Judicial District Court Harris County, Texas | Cause No. 2009-06775 __________________________________________________________________

MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S REPLY

Appellant, LEA PERCY MCLAURIN, files this first motion for extension

of time to file Appellant’s Reply.

1. Applicable Deadlines:

Appellant’s Brief was filed on February 2, 2015.

Appellee’s Brief was originally due on March 4, 2015; but this Court, upon

Appellee’s request, extended that deadline.

On June 18, 2015, this case was abated to permit the trial court to resolve a

dispute between the parties regarding certain exhibits missing from the court

reporter’s record. 1 On July 29, 2015, a supplemental reporter’s record was filed.

On July 31, 2015, this case was reinstated.

Also on July 31, 2015, a supplemental clerk’s record was filed. An

additional supplemental clerk’s record was filed on August 11, 2015.

Appellee’s Brief was filed on August 12, 2015.

Appellant’s Reply is due on September 1, 2015.

2. First Request for Extension of Time:

This is Appellant’s first request for an extension of time to file her

Appellant’s Reply. LEA PERCY MCLAURIN is asking for a 10-day extension

from the date of this motion to file her Appellant’s Reply, up to and including

September 11, 2015.

3. Legal Authority for Extension of Time:

Pursuant to Texas Rule of Appellate Procedure 38.6(d), this Court is

authorized to extend the time for filing a brief if a motion is filed in conformity

with Texas Rule of Appellate Procedure 10.5, before or after the brief is due. This

request is timely filed.

4. Reasons for Request for Extension of Time:

Attorneys for Appellant need a short extension of time to review the brief

filed by Appellee and the supplemental reporter’s and clerk’s records filed on July

29, 2015, July 31, 2015, and August 11, 2015.

2 PRAYER

For the foregoing reasons, Appellant, LEA PERCY MCLAURIN hereby

requests that this Court grant an extension of the deadline to file her Appellant’s

Brief by 10 days from the date of this motion, up to and including September 11,

2015.

Respectfully submitted,

LAW OFFICE OF DANIEL J. LEMKUIL

/s/ Daniel J. Lemkuil Daniel J. Lemkuil State Bar No. 00789448 1314 Texas Ave., Suite 1515 Houston, TX 77002 Tel: 713-993-9100 | Fax: 713-225-0099 daniel_lemkuil@flash.net

LAW OFFICE OF JANICE L. BERG Janice L. Berg State Bar No. 24064888 1314 Texas Ave., Suite 1515 Houston, TX 77002 Tel: 713-993-9100 | Fax: 713-225-0099 janice@janiceberglaw.com

ATTORNEYS FOR APPELLANT

CERTIFICATE OF CONFERENCE

This is to certify that counsel for Appellant, Janice L. Berg, made reasonable attempts to confer with all parties regarding whether they oppose this motion:

3 - On September 1, 2015, counsel for Appellant contacted counsel for Appellee, Todd Frankfort, regarding this motion by phone and text message but no agreement regarding the extension of time was reached.

/s/ Janice L. Berg Janice L. Berg

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing was served on all parties or counsel in accordance with the Texas Rules of Appellate Procedure on September 1, 2015.