Linda S. Nowlin v. Lori Keaton

Opinion

ACCEPTED 03-14-00608-CV 4082466 THIRD COURT OF APPEALS AUSTIN, TEXAS 2/9/2015 9:01:28 PM JEFFREY D. KYLE CLERK No. 03-14-00608-CV

Linda S. Nowlin, § IN THE THIRD FILED IN 3rd COURT OF APPEALS Appellant, § AUSTIN, TEXAS § 2/9/2015 9:01:28 PM v. § COURT OF APPEALS JEFFREY D. KYLE § Clerk Lori Keaton, § Appellee. § AUSTIN, TEXAS

APPELLEE'S FIRST MOTION TO EXTEND TIME TO FILE BRIEF

Appellee asks the Court to extend the time to file her brief.

A. INTRODUCTION

1. Appellant is Linda Nowlin; appellee is Lori Keaton.

2. There is no specific deadline to file this motion to extend time. See Tex. R.

App. P. 10.5(b)(1)(A); Tex. R. App. P. 38.6(d).

3. This Court has authority to extend the time for Appellee to file her brief. See

Tex. R. App. P. 38.6(d).

B. BACKGROUND, ARGUMENT, & AUTHORITIES

4. Appellee requests a one week extension to file Appellee's brief so that

Appellee's brief will be due on Tuesday, February 17, 2015 (Monday,

February 16, 2015 is President's Day, a state and federal holiday). See Tex. Cause No. 03-14-00608-CV Linda S. Nowlin v. Lori Keaton Appellee's First Motion to Extend Time to File Brief Page 2 of 3

R. App. P. 10.5(b)(1)(B).

5. Appellee's brief is due on Monday, February 9, 2015. See Tex. R. App. P.

10.5(b)(1)(A).

6. Appellee requests this extension because Appellee and Appellee's counsel

require additional time to prepare Appellee's brief. Due to no fault of

Appellee, Appellee and Appellee's counsel have been unable to meet to

discuss Appellant's brief in detail and wish to do so before Appellee files her

brief. See Tex. R. App. P. 10.5(b)(1)(C).

7. Appellee has not requested and the Court has not granted any previous

extensions for Appellee to file her brief. See Tex. R. App. P. 10.5(b)(1)(D).

8. Appellee conferred with Appellant's counsel on Monday, February 9, 2015

about Appellee's First Motion to Extend Time to File her Brief. Appellant

does not support Appellee's First Motion to Extend Time to File her Brief

and, therefore, Appellee is unable to submit this Motion as an Agreed

Motion. However, Appellant stated that she would not oppose the motion.

See Tex R. App. P. 10.1(a)(5).

THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Cause No. 03-14-00608-CV Linda S. Nowlin v. Lori Keaton Appellee's First Motion to Extend Time to File Brief Page 3 of 3

C. PRAYER

9. For these reasons, Appellee asks the Court to grant Appellee's First Motion

to Extend Time to File her Brief until Tuesday, February 17, 2015.

` Respectfully submitted, /s/ Robby Abarca Robby P. Abarca Texas Bar No. 24043515 P.O. Box 152547 Austin, Texas 78715 Tel. (512) 318-4277 Fax (512) 697-2832 rpabarca@abarcalawfirm.com ATTORNEY FOR APPELLEE, LORI KEATON CERTIFICATE OF CONFERENCE

I certify that I personally conferred with Mr. David Nowlin, attorney for

Appellant, on February 9, 2015. Mr. Nowlin stated that Appellant did not support

the Appellee's First Motion to Extend Time to File Brief; however, he also stated

that Appellant would not oppose the Appellee's First Motion to Extend Time to File

Brief.

/s/Robby Abarca Robby P. Abarca

CERTIFICATE OF SERVICE I certify that a copy of Appellee's First Motion to Extend Time to File Brief, was served on Appellant, Linda Nowlin, through her counsel of record, Mr. David A. Nowlin, 7301 RR 620 North, Ste. 155, 319, Austin, Texas 78726-4537 by electronic service (davidnowlin@me.com) on February 9, 2015 after 5 p.m. (local time of the recipient).