Leah Shike v. Anthony Charles Flot

Opinion

ACCEPTED

03-15-00533-CV

7767032

THIRD COURT OF APPEALS

AUSTIN, TEXAS

11/10/2015 2:18:29 PM

JEFFREY D. KYLE

CLERK

NO. 03-15-00533-CV

FILED IN

In the Court of Appeals 3rd COURT OF APPEALS For the Third Court of Appeals District AUSTIN, TEXAS Austin, Texas 11/10/2015 2:18:29 PM JEFFREY D. KYLE

Clerk

LEAHSHIKE

Appellant,

v.

ANTHONYCHARLESFLOT

Appellee

On Appeal from the 335 1h Judicial District Court, Bastrop County, Texas Trial Court Cause No. 29,439

APPELLANT'S UNOPPOSED FIRST MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF

HENSLEY LAW FIRM

Edward Hensley

SBN. 09492500

ed@hensleylawfirm.com

Deborah Hensley Loewe

SBN. 00793939

deborah@hensleylawfirm.com

3809 South 2"ct Street, Ste. A-100 Austin, Texas 78704

(512) 476-9988

(512) 327-9992, facsimile

Counsel for Appellant, Leah Shike

Identity of Parties and Counsel Appellant/Plaintiff Plaintiff/Appellant's Appellate Counsel:

HENSLEY LAW FIRM

Edward Hensley

SBN. 09492500

ed@hensleylawfirm.com

Deborah Hensley Loewe

SBN. 00793939

deborah@hensleylawfirm.com

3809 South 2nd Street, Ste. A-100 Austin, Texas 78704

(512) 476-9988

(512) 327-9992, facsimile

Appellee/Defendant Defendant/Appellee's Appellate Counsel:

CLARK, TREVINO & ASSOCIATES

Ethan Goodwin

SBN. 24064492

ethan.goodwin@farmersinsurance.com

1701 Directors Boulevard, Ste. 920 Austin, Texas 78744

(512) 445-1580

(512) 383-0503, facsimile

TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to Tex. R. App. P. 10.1 and 38.6(d), the Appellant, Leah Shike ("Appellant")

files this Unopposed First Motion to Extend Time to File Appellant's Brief.

Appellant's opening brief is currently due November 16,2015.

Counsel for Appellant requests a 30-day extension of time to file Appellant's brief, making the brief due on December 16,2015. This is the first request for extension of time to file the opening brief.

Counsel for Appellant relies on the following reasons, in addition to the routine matters that counsel must attend to in daily practice, to explain the need for the requested extension:

• The undersigned has been under a heavy workload and it has been impossible to reach this case for study and analysis and preparation of the Brieffor Appellant.

Counsel for Appellant seeks this extension of time to be able to prepare a persuasive and concise briefto aid this Court in its analysis of the issues presented.

This request is not sought for delay but so that justice may be done.

The undersigned has conferred with Ethan Goodwin, counsel for the Defendant/Appellee, and he has indicated that his client does not oppose this Motion.

All facts recited in this Motion are within the personal knowledge of the counsel signing this Motion, therefore, no verification is necessary under Texas Rule of Appellate Procedure 10.2.

PRAYER FOR RELIEF

For the reasons set forth above, Appellant requests that this Court grant this Unopposed First Motion to Extend Time to File Appellant's Brief and extend the deadline for filing the Appellant's Brief up to and including December 16, 2015. Appellant requests all other relief to which she may be justly entitled.

2

Respectfully submitted,

ed@hensleylawfirm.com

Deborah Hensley Loewe

SBN. 00793939

deborah@hensleylawfirm.com

3809 South 2"d Street, Ste. A-100 Austin, Texas 78704

(512) 476-9988

(512) 327-9992, facsimile

ATTORNEYS FOR APPELLANT

CERTIFICATE OF CONFERENCE Pursuant to Tex. R. App. P. 10.1(5), I certify that the undersigned conferred with opposing counsel who indicated that his client does not o

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Motion for Extension was forwarded to the following counsel of record on this JJ2 day of {lw~ , 2015:

Via Facsimile (512/ 383-0503 Ethan Goodwin Clark, Trevino & Associates 1701 Directors Boulevard, Ste. 920 Austin, Texas 78744