Michael J. DeLitta v. Nancy Schaefer

Opinion

ACCEPTED

03-15-00280-CV

5716292

THIRD COURT OF APPEALS

AUSTIN, TEXAS

6/17/2015 3:08:56 PM

JEFFREY D. KYLE

CLERK

No. 03-15-00280-CV

In the Third Court of Appeals3rd COURT FILED IN

OF APPEALS

AUSTIN, TEXAS

Austin, Texas 6/17/2015 3:08:56 PM JEFFREY D. KYLE

_______________________________________________

Clerk

Michael J. DeLitta,

Appellant

v.

Nancy Schaefer

Appellee

_______________________________________________

UNOPPOSED MOTION FOR EXTENSION OF TIME

_____________________________________________________

TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to Texas Rules of Appellate Procedure 38.6(d) and 10.5(b), Appellee

Nancy Schaefer files this motion for extension of time and would respectfully show the

Court as follows:

I.

Appellant filed his brief on June 10, 2015. In this accelerated appeal, Appellee’s

brief currently is due on Tuesday, June 30, 2015. Appellee requests that the Court grant

a 20-day extension of time by which to file her brief. Granting this motion would

make the brief due on July 20, 2015.

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II.

Tragedy has struck the TAYLOR, DUNHAM AND RODRIGUEZ family, as David

Dunham’s young son died unexpectedly. While Mr. Dunham is not counsel of record

in this appeal, the sad situation has created uncertainty in the small firm’s docket.

Additional time would allow the partners to support each other during this difficult

time, personally and professionally.

This extension is not sought for delay and is Ms. Schaefer’s first request for

extension of time in this case.

Appellant, through counsel, indicates that he does not oppose the relief sought

in this motion.

PRAYER

Appellee Nancy Schaefer asks the Court to grant her a 20-day extension, making

her brief due on July 20, 2015. Appellee also prays for any and all further relief to which

she may be entitled.

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Dated: June 17, 2015 Respectfully submitted,

By: /s/ Lisa Bowlin Hobbs Donald R. Taylor Lisa Bowlin Hobbs State Bar No. 19688800 State Bar No. 24026905 dtaylor@taylordunham.com Lisa@KuhnHobbs.com Of Counsel Stacey Reese Kurt Kuhn State Bar No. 24056188 State Bar No. 24002433 stacey@reeselawpractice.com Kurt@KuhnHobbs.com TAYLOR DUNHAM & RODRIGUEZ LLP KUHN HOBBS PLLC 301 Congress Avenue, Suite 1050 3307 Northland Drive, Suite 310 Austin, Texas 78701 Austin, Texas 78731 (512) 473-2257 (512) 476-6003 (512) 478-4409 (fax) (512) 476-6002 (fax)

Howard F. Carter, Jr.,

State Bar No. 03916500 sam@scarterlawfirm.com HOWARD F. CARTER, JR., P.C. 5600 Tennyson Parkway, Suite 160 Plano, Texas 75024 (972) 455-2001 (972) 455-2015 (fax)

CERTIFICATE OF CONFERENCE Pursuant to Texas Rule of Appellate Procedure 10.1, I certify that, on June 16, 2015, I conferred with Douglas R. Drucker, counsel for Appellant, regarding this motion via email. Mr. Drucker indicated that he is not opposed to the relief requested.

/s/ Lisa Bowlin Hobbs Lisa Bowlin Hobbs

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CERTIFICATE OF SERVICE

I hereby certify that, on June 17, 2015, and in compliance with the Texas Rules of Appellate Procedure, a true and correct copy of this motion has been served as follows:

Douglas R. Drucker via e-Service Kirby D. Hopkins DRUCKER | HOPKINS LLP 21 Watery Avenue, Suite 300 The Woodlands, TX 77380 Counsel for Appellant

Eric J. Taube via e-Service HOHMANN, TAUBE & SUMMERS LLP 100 Congress Avenue, 18th Floor Austin, Texas 78701 Counsel for Axiom entities and Jeff Compton

/s/ Lisa Bowlin Hobbs Lisa Bowlin Hobbs