Noah S. Bunker, Paul Carrell, Everett Brew Houston, Jr., W. Andrew Buchholz, Scott J. Leighty, Jad L. Davis, and Holly Clause v. Tracy D. Strandhagen

Opinion

ACCEPTED 03-14-00510-CV 4122911 THIRD COURT OF APPEALS AUSTIN, TEXAS 2/12/2015 10:52:18 AM JEFFREY D. KYLE CLERK No. 03-14-00510-CV

FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD COURT OF APPEALS DISTRICT 2/12/2015 10:52:18 AM AUSTIN, TEXAS JEFFREY D. KYLE Clerk

NOAH S. BUNKER, PAUL CARRELL, EVERETT BREW HOUSTON, JR., W. ANDREW BUCHHOLZ, SCOTT J. LEIGHTY, JAD L. DAVIS AND HOLLY CLAUSE, Appellants and Cross-Appellees,

v.

TRACY D. STRANDHAGEN, Appellee and Cross-Appellant.

ON APPEAL FROM THE 353RD JUDICIAL DISTRICT COURT OF TRAVIS COUNTY, TEXAS HON. ORLINDA NARANJO, PRESIDING; CAUSE NO. D-1-GN-13-002811

UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF

Daniel H. Byrne Texas Bar No. 03565600 Dbyrne@fbhh.com FRITZ, BYRNE, HEAD & HARRISON, PLLC 98 San Jacinto Boulevard, Suite 2000 Austin, Texas 78701 Telephone: (512) 476-2020 Telecopy: (512) 477-5267 TO THE HONORABLE THIRD COURT OF APPEALS:

Appellee Tracy D. Strandhagen (“Appellee”) respectfully requests this Court

for a 10-day extension of time to file Appellee’s Brief and shows the Court the

following:

1. There is no specific deadline to file this motion to extend time. See

TEX. R. APP. P. 38.6(d).

2. Appellants Noah S. Bunker, Paul Carrell, Everett Brew Houston, Jr.,

W. Andrew Buchholz, Scott J. Leighty, Jad L. Davis, and Holly Clause

(“Appellants”) are unopposed to this motion.

3. The Court has the authority under Texas Rule of Appellate Procedure

38.6(d) to extend the time to file a brief.

4. Appellant’s brief was filed on January 14, 2015, after this Court

granted two unopposed extensions of time for Appellant to file such brief.

5. Appellee’s brief is due on February 13, 2015.

6. Appellee requests an additional 10 days to file her brief, extending the

time until February 23, 2015. 7. No extension has been granted to extend the time to file Appellee’s

brief.

8. The requested extension is unfortunately necessitated by several

unavoidable, pre-existing deadlines and professional obligations by Appellee’s

counsel in other matters, all of which have required or will require significant

commitments of time before February 13, 2015.

PRAYER

For these reasons, Appellee Tracy D. Strandhagen asks the Court to grant

her an extension of time to file her brief until February 23, 2015.

CERTIFICATE OF CONFERENCE

Christine E. Burgess, counsel for Appellee conferred with Amanda Taylor,

counsel for Appellant, regarding the Motion to Extend Time to File Appellee’s

Brief, and Ms. Taylor is unopposed to such Motion. Respectfully submitted,

FRITZ, BYRNE, HEAD & HARRISON, PLLC 98 San Jacinto Boulevard, Suite 2000 Austin, Texas 78701 Telephone: (512) 476-2020 Facsimile: (512) 477-5267

By: /s/ Christine E. Burgess Daniel H. Byrne Texas Bar No. 03565600 dbyrne@fbhh.com Lessie G. Fitzpatrick Texas Bar No. 24012630 lfitzpatrick@fbhh.com Christine E. Burgess Texas Bar No. 00793428 cburgess@fbhh.com

Counsel for Appellee Firstmark Credit Union

CERTIFICATE OF SERVICE

I certify that the foregoing Motion was served on the following counsel of

record on February 12, 2015, by e-service and email.

Amanda G. Taylor ataylor@textaxlaw.com MARTENS, TODD, LEONARD & TAYLOR 301 Congress Avenue, Suite 1950 Austin, Texas 78701 Facsimile: (512) 542-9899

Attorney for Appellants/Cross-Appellees

/s/ Christine E. Burgess Christine E. Burgess