Mike Green D/B/A Residential Inspections, and Craig Cunningham v. Southern County Mutual Insurance Company

• Court: Court of Appeals of Texas
• Decided: June 5, 2018
• Docket: 06-18-00022-CV
• Status: Published

Opinion

ACCEPTED 06-18-00022-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 6/5/2018 10:26 AM DEBBIE AUTREY CLERK

No. 06-18-00022-CV

IN THE COURT OF APPEALS 6th COURT FILED IN OF APPEALS FOR THE SIXTH DISTRICT OF TEXAS TEXARKANA, TEXAS 6/5/2018 10:26:57 AM AT TEXARKANA DEBBIE AUTREY Clerk

Mike Green d/b/a Residential Inspections Appellants,

v.

Southern County Mutual Insurance Company Appellee.

From the 114th Judicial District Court of Smith County, Texas Trial Court Cause No. 15-2067-B

SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS FOR THE SIXTH DISTRICT OF TEXAS:

Comes now Appellant Wanda Green and Mike Green d/b/ a

Residential Inspections ("Appellant") and files this Unopposed Motion for

Extension of Time to file it Appellant's Brief and would respectfully show

the Court as follows:

Currently, Appellants' Brief is due on June 6, 2018. Counsel for

Appellants is seeking a thirty (30) day extension to file its Appellant's Brief,

making the new deadline July 6, 2018. Since the last motion for extension SECOND UNOPPOSED MOTION FOR EXTENSION 1

4025225V.1 was filed, the parties engaged in settlement negotiations and reached a

settlement. So that the parties have time to execute the settlement and

perform its terms, and so that Appellants do not waive their right to file an

Appeal in the event that the settlement somehow falls through, Appellants'

requests that they be given an extension of their deadline up to and

including July 6, 2018.

On June 5, 2018, Dava Greenberg-Spindler, counsel for Appellant,

conferred with counsel for Appellee. Counsel for Appellee stated he was

unopposed to the relief sought in this motion. Appellant respectfully

requests this Court grant a thirty day extension of time to file its brief,

moving the deadline from June 6, 2018, to July 6, 2018. This request is

sought not solely for delay, but so that justice may be done in the

disposition of this appeal. The requested extension is not calculated to

prejudice and should not unfairly prejudice the Appellees and should not

unduly delay the resolution of this matter.

WHEREFORE, PREMISES CONSIDERED, Appellant respectfully

request that this Court grant its motion seeking a thirty day extension and

extend the deadline to file its Appellant's Brief from June 6, 2018, to July 6,

2018. SECOND UNOPPOSED MOTION FOR EXTENSION 2

4025225V.1 Respectfully submitted,

WILSON, ELSER, MOSKOWITZ EDELMAN & DICKER LLP

By: / s/ Dava Greenberg-Spindler Susan A. Schwartz State Bar No. 00797900 susan.schwartz@wilsonelser.com Dava Greenberg-Spindler State Bar No. 24097764 dava.greenberg-spindler@wilsonelser.com 901 Main Street, Suite 4800 Dallas, Texas 75202 Telephone: 214/698-8000 Facsimile: 214/698-1101 ATTORNEYS FOR APPELLANT

CERTIFICATE OF SERVICE

The undersigned certifies that on the 5th day of June, 2018, the foregoing document was served on the following counsel of record in accordance with the Texas Rules of Appellate Procedure.

Dava Greenberg-Spindler Dava Greenberg-Spindler

SECOND UNOPPOSED MOTION FOR EXTENSION 3

4025225V.1 CERTIFICATE OF CONFERENCE

This is to certify that on June 5, 2018, the undersigned conferred with counsel for Appellee regarding the above-referenced motion and was advised the motion is unopposed. Accordingly, the motion being unopposed, it is submitted to the Court for its determination.

SECOND UNOPPOSED MOTION FOR EXTENSION 4

4025225V.1