Randolph A. Lopez, D/B/A Brown Hand Center and D/B/A Brown Medical Center v. Cox Texas Newspapers, L.P., D/B/A Austin American-Statesman

Opinion

ACCEPTED 03-14-00331-CV 3938099 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/28/2015 4:16:48 PM JEFFREY D. KYLE CLERK

No. 03-14-00331-CV Tr Ct No. C-1-CV-13-002354 FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD DISTRICT OF TEXAS 1/28/2015 4:16:48 PM JEFFREY D. KYLE Clerk Randolph A. Lopez d/b/a Brown Hand Center and d/b/a Brown Medical Center, appellant v.

Cox Texas Newspapers, L.P. d/b/a Austin American-Statesman, appellee

MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF

TO THE THIRD COURT OF APPEALS:

Appellee, Cox Texas Newspapers, L.P. d/b/a Austin American-

Statesman, files this motion for extension of time to file Appellee’s Brief

under Rules 10.1, 10.5(b), and 38.6(d) of the Texas Rule of Appellate

Procedure, and requests the Court to extend the deadline for filing the

appellants’ brief from January 16, 2015 until January 28, 2015. In support

of this motion appellee shows:

I.

This is an appeal from the grant of a motion for summary judgment

on a suit to collect on a note. Appellant’s Brief was filed on December 15,

2014.

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II.

This is appellee’s first request for an extension of time to file

Appellee’s Brief.

III.

The undersigned Timothy Hootman, who is primarily responsible for

preparing Appellee’s Brief, was busy preparing the brief in No. 03-14-

00470-CV, Chavez v. Martinez (which was filed on January 11, 2015), and

had underestimate the time need to complete the brief in this case, and

therefore requests the additional 12 days. The Appellee’s Brief has been

filed contemporaneously with this motion.

WHEREFORE, appellee, Cox Texas Newspapers, L.P. d/b/a Austin

American-Statesman, prays that the time to file Appellee’s Brief be

extended from to January 16, 2015, until January 28, 2015.

Respectfully submitted,

/s/Timothy A. Hootman Timothy A. Hootman, SBN 09965450 2402 Pease St Houston, TX 77003 713.247.9548 713.583.9523 (f) E-mail: thootman2000@yahoo.com

Bill Malone, Jr., SBN 12877500 8650 Spicewood Springs, No 145-598 Austin, TX 78759 512.346.9600 ATTORNEYS FOR APPELLEE

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CERTIFICATE OF SERVICE

I hereby certify that, in accordance with Rule 9.5 of the Texas Rules of

Appellate Procedure, I have served the forgoing document upon the

following attorneys by personal mail, commercial delivery service, fax, or

electronic service:

Isaac J. Huron Ramon Rodriguez Davis, Cedillo & Mendoza 755 E. Mulberry Ave, Ste 500 San Antonio, TX 78212 Dated: January 28, 2015.

/s/Timothy A. Hootman Timothy A. Hootman

CERTIFICATE OF CONFERENCE

The undersigned has attempted to communicate with appellant’s

lawyers, Issac Huron and Ramon Rodriguez by sending them emails to

both email addresses that appear on Appellant’s Brief. In the emails the

undersigned asked whether they are opposed to this motion. The

undersigned has not yet received a response.

/s/ Timothy A. Hootman TIMOTHY A. HOOTMAN