ACCEPTED 15-24-00066-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 12/19/2024 1:51 PM NO. 15-24-00066-CV CHRISTOPHER A. PRINE CLERK IN THE COURT OF APPEALS FILED IN 15th COURT OF APPEALS FOR THE FIFTEENTH JUDICIAL DISTRICT AUSTIN, TEXAS AUSTIN, TEXAS 12/19/2024 1:51:00 PM CHRISTOPHER A. PRINE Clerk
RICHARD MARK DUDLEY AND DEANIE PALMER DUDLEY v. TEXAS MUNICIPAL POWER AGENCY
ON APPEAL FROM THE 272nd DISTRICT COURT BRAZOS COUNTY, TEXAS CAUSE NO. 18-001737-CV-272
APPELLANTS RICHARD MARK DUDLEY AND DEANIE PALMER DUDLEY’S UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ REPLY BRIEF
COMES NOW, RICHARD MARK DUDLEY and DEANIE PALMER
DUDLEY, Appellants, and file this Unopposed Motion for Extension of Time to File
Appellants’ Reply Brief and would respectfully show unto the Court the following:
I. Present Deadline
The current deadline to file the Appellants’ Reply Brief is January 6, 2025.1
1 The Appellee’s Brief was accepted for filing on December 16, 2024, and Appellants received notice that the reply brief would be due 20 days from that date. The 20th day from that date is January 5, 2025, which is a Sunday, so the deadline is extended to the following Monday pursuant to Tex. R. App. P. 4.1(a).
1 II. Length of Extension Sought
Appellants request a 21-day extension to file their Reply Brief, from Monday,
January 6, 2025 to Monday, January 27, 2025.
III. Number of Previous Extensions Granted
This is the first extension that Appellants have requested with respect to their
Appellants’ Reply Brief. Appellants previously received one 29-day extension to file
their Appellants’ Brief. Appellee previously received four extensions to file their
Appellee’s Brief (for a combined 70-day extension).
IV. Facts Explaining Needed Extension
Appellee’s numerous extensions of time to file its Appellee’s brief has resulted
in Appellants’ reply brief being due on January 6, 2025. Because of the timing of the
Christmas and New Year’s Day holidays as well as the annual vacation of Appellant’s
counsel’s office during that time period, Appellants are unable to complete their
Reply Brief by that January 6, 2025 deadline.
Additionally, Appellants’ counsel has been engaged in or has scheduled,
among other things, the following matters necessitating an extension to the requested
January 27 date:
• Attendance at a status hearing on December 16, 2024 in Cause Nos. 991-G and 992-G; In the Guardianship of Gaz Climer, an Alleged Incapacitated Adult and In the Guardian of Jade Climer, an Alleged
2 Incapacitated Adult, In the County Court at Law No. 1, Brazos County, Texas, with the outcome that permanent guardianship applications and additional investigation must be completed on an expedited basis;
• Drafting and filing a Preliminary Report pursuant to court order by December 16, 2024 in Cause Nos. 991-G and 992-G; In the Guardianship of Gaz Climer, an Alleged Incapacitated Adult and In the Guardian of Jade Climer, an Alleged Incapacitated Adult, In the County Court at Law No. 1, Brazos County, Texas;
• Preparation for and attendance at a hearing on December 17, 2024 in Cause No. 18930-PC; In the Estate of Angel Morales Delgado, III, Deceased; In the County Court at Law No. 2, Brazos County, Texas;
• Drafting correspondence relating to children’s access to their mother for the holiday period and speaking with expert witnesses (with limited availability) for preparation of contested temporary orders hearing in Cause No. 15-003100-CVD-272; In the Interest of RLB and RCB, Children; In the 272nd District Court, Brazos County, Texas;
• Preparation of proposed Agreed Final Decree of Divorce in Cause No. 24-003270-CVD-CCL2; In the Matter of the Marriage of Jamie Lee Loveless and Francisco Alejandro Montiel Ishino; In the County Court at Law No. 2, Brazos County, Texas;
• Preparation of Docket Control Order due by January 6, 2025 or case will be dismissed for want of prosecution in Cause No. 18059-PC; In the Estate of Micky Gwynn Rigby, Deceased; In the County Court at Law No. 1 of Brazos County, Texas;
• Response due on January 6, 2025 for motion for partial summary judgment in Cause No. 23-000937-CV-472; William Marden v. Serenity Roofing & Construction, Inc., In the 472nd District Court, Brazos County, Texas, with a hearing set on that motion for January 13, 2025;
• Discovery responses due on January 9, 2025 in Cause No. 24-002423- CVD-472; In the Matter of the Marriage of Amy Claire Stivers and Scott
3 Stivers and in the Interest of C.E.S., a Child; In the 472nd District Court, Brazos County, Texas.
• Preparation for and attendance at a hearing on January 9, 2025 in Cause No. 8371; In the Estate of Francis Dickman; In the County Court of Robertson County, Texas.
• Preparation for and attendance at a bench trial on January 14, 2025 in Cause No. 23-002152-CV-472 In the Interest of ASB, a Child; In the District Court, Brazos County, Texas;
• Deadline of January 16, 2025 (after two previous extensions that combined to previously extend that deadline by 118 days) to file Appellant’s Brief in Case No. 10-24-00225-CV; Dudley Construction, Ltd. v. Cross Roads Concrete Services, Inc.; in the Tenth Court of Appeals, Waco, Texas.
• Preparation for and attendance at mediation on January 17, 2025 in Cause No. 24-002423-CVD-472; In the Matter of the Marriage of Amy Claire Stivers and Scott Stivers and in the Interest of C.E.S., a Child; In the 472nd District Court, Brazos County, Texas.
• Preparation for and attendance at hearing on January 21, 2025 for plaintiff’s motion to reinstate in Cause No. 16-14560; D. Wellmann Trucking, LLC v. Dudley Construction, Ltd., in the 12th District Court, Madison County, Texas;
• Preparation for and attendance at bench trial on January 22, 2025 in Cause No. 21-002329-CV-CCL2; Natalie May Moore v. Autowerks CSTX, LLC; In the County Court at Law No. 2, Brazos County, Texas.
Other deadlines and activity during this time period includes demand letters,
drafting original petitions, transactional issues, and preparation of discovery
responses. Furthermore, one of Appellants’ appellate attorneys has been sick with
4 strep throat, and he was out of the office on December 13, 2024.
Accordingly, in light of the foregoing, Appellants’ counsel requires more time
to prepare their reply brief. This request is not made for improper purposes of delay
but so that justice may be done.
V. Authority to Grant Extension of Time
The Court may grant an extension of time to file an appellate brief under the
authority of Texas Rule of Appellate Procedure 38.6(d). This motion is filed within
the deadline to file a motion to extend time to file Appellants’ Reply Brief as required
by Rule 38.6(d) of the Texas Rules of Appellate Procedure.
CONCLUSION
The Court should extend the time for filing Appellants’ Reply Brief for a
twenty-one day extension to Monday, January 27, 2025 to allow sufficient time for
Appellants’ attorney to prepare the reply brief.
PRAYER
For these reasons, Appellants request that this Court issue an order as follows:
1. Extend the time for filing Appellants’ reply brief for twenty-one (21) days, until Monday, January 27, 2025.
5 Respectfully submitted,
THE SWEARINGEN LAW FIRM ROBERT A. SWEARINGEN, P.C.
By: /s/Robert A. Swearingen Robert A. Swearingen State Bar Number 19563050 Byron D.
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ACCEPTED 15-24-00066-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 12/19/2024 1:51 PM NO. 15-24-00066-CV CHRISTOPHER A. PRINE CLERK IN THE COURT OF APPEALS FILED IN 15th COURT OF APPEALS FOR THE FIFTEENTH JUDICIAL DISTRICT AUSTIN, TEXAS AUSTIN, TEXAS 12/19/2024 1:51:00 PM CHRISTOPHER A. PRINE Clerk
RICHARD MARK DUDLEY AND DEANIE PALMER DUDLEY v. TEXAS MUNICIPAL POWER AGENCY
ON APPEAL FROM THE 272nd DISTRICT COURT BRAZOS COUNTY, TEXAS CAUSE NO. 18-001737-CV-272
APPELLANTS RICHARD MARK DUDLEY AND DEANIE PALMER DUDLEY’S UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ REPLY BRIEF
COMES NOW, RICHARD MARK DUDLEY and DEANIE PALMER
DUDLEY, Appellants, and file this Unopposed Motion for Extension of Time to File
Appellants’ Reply Brief and would respectfully show unto the Court the following:
I. Present Deadline
The current deadline to file the Appellants’ Reply Brief is January 6, 2025.1
1 The Appellee’s Brief was accepted for filing on December 16, 2024, and Appellants received notice that the reply brief would be due 20 days from that date. The 20th day from that date is January 5, 2025, which is a Sunday, so the deadline is extended to the following Monday pursuant to Tex. R. App. P. 4.1(a).
1 II. Length of Extension Sought
Appellants request a 21-day extension to file their Reply Brief, from Monday,
January 6, 2025 to Monday, January 27, 2025.
III. Number of Previous Extensions Granted
This is the first extension that Appellants have requested with respect to their
Appellants’ Reply Brief. Appellants previously received one 29-day extension to file
their Appellants’ Brief. Appellee previously received four extensions to file their
Appellee’s Brief (for a combined 70-day extension).
IV. Facts Explaining Needed Extension
Appellee’s numerous extensions of time to file its Appellee’s brief has resulted
in Appellants’ reply brief being due on January 6, 2025. Because of the timing of the
Christmas and New Year’s Day holidays as well as the annual vacation of Appellant’s
counsel’s office during that time period, Appellants are unable to complete their
Reply Brief by that January 6, 2025 deadline.
Additionally, Appellants’ counsel has been engaged in or has scheduled,
among other things, the following matters necessitating an extension to the requested
January 27 date:
• Attendance at a status hearing on December 16, 2024 in Cause Nos. 991-G and 992-G; In the Guardianship of Gaz Climer, an Alleged Incapacitated Adult and In the Guardian of Jade Climer, an Alleged
2 Incapacitated Adult, In the County Court at Law No. 1, Brazos County, Texas, with the outcome that permanent guardianship applications and additional investigation must be completed on an expedited basis;
• Drafting and filing a Preliminary Report pursuant to court order by December 16, 2024 in Cause Nos. 991-G and 992-G; In the Guardianship of Gaz Climer, an Alleged Incapacitated Adult and In the Guardian of Jade Climer, an Alleged Incapacitated Adult, In the County Court at Law No. 1, Brazos County, Texas;
• Preparation for and attendance at a hearing on December 17, 2024 in Cause No. 18930-PC; In the Estate of Angel Morales Delgado, III, Deceased; In the County Court at Law No. 2, Brazos County, Texas;
• Drafting correspondence relating to children’s access to their mother for the holiday period and speaking with expert witnesses (with limited availability) for preparation of contested temporary orders hearing in Cause No. 15-003100-CVD-272; In the Interest of RLB and RCB, Children; In the 272nd District Court, Brazos County, Texas;
• Preparation of proposed Agreed Final Decree of Divorce in Cause No. 24-003270-CVD-CCL2; In the Matter of the Marriage of Jamie Lee Loveless and Francisco Alejandro Montiel Ishino; In the County Court at Law No. 2, Brazos County, Texas;
• Preparation of Docket Control Order due by January 6, 2025 or case will be dismissed for want of prosecution in Cause No. 18059-PC; In the Estate of Micky Gwynn Rigby, Deceased; In the County Court at Law No. 1 of Brazos County, Texas;
• Response due on January 6, 2025 for motion for partial summary judgment in Cause No. 23-000937-CV-472; William Marden v. Serenity Roofing & Construction, Inc., In the 472nd District Court, Brazos County, Texas, with a hearing set on that motion for January 13, 2025;
• Discovery responses due on January 9, 2025 in Cause No. 24-002423- CVD-472; In the Matter of the Marriage of Amy Claire Stivers and Scott
3 Stivers and in the Interest of C.E.S., a Child; In the 472nd District Court, Brazos County, Texas.
• Preparation for and attendance at a hearing on January 9, 2025 in Cause No. 8371; In the Estate of Francis Dickman; In the County Court of Robertson County, Texas.
• Preparation for and attendance at a bench trial on January 14, 2025 in Cause No. 23-002152-CV-472 In the Interest of ASB, a Child; In the District Court, Brazos County, Texas;
• Deadline of January 16, 2025 (after two previous extensions that combined to previously extend that deadline by 118 days) to file Appellant’s Brief in Case No. 10-24-00225-CV; Dudley Construction, Ltd. v. Cross Roads Concrete Services, Inc.; in the Tenth Court of Appeals, Waco, Texas.
• Preparation for and attendance at mediation on January 17, 2025 in Cause No. 24-002423-CVD-472; In the Matter of the Marriage of Amy Claire Stivers and Scott Stivers and in the Interest of C.E.S., a Child; In the 472nd District Court, Brazos County, Texas.
• Preparation for and attendance at hearing on January 21, 2025 for plaintiff’s motion to reinstate in Cause No. 16-14560; D. Wellmann Trucking, LLC v. Dudley Construction, Ltd., in the 12th District Court, Madison County, Texas;
• Preparation for and attendance at bench trial on January 22, 2025 in Cause No. 21-002329-CV-CCL2; Natalie May Moore v. Autowerks CSTX, LLC; In the County Court at Law No. 2, Brazos County, Texas.
Other deadlines and activity during this time period includes demand letters,
drafting original petitions, transactional issues, and preparation of discovery
responses. Furthermore, one of Appellants’ appellate attorneys has been sick with
4 strep throat, and he was out of the office on December 13, 2024.
Accordingly, in light of the foregoing, Appellants’ counsel requires more time
to prepare their reply brief. This request is not made for improper purposes of delay
but so that justice may be done.
V. Authority to Grant Extension of Time
The Court may grant an extension of time to file an appellate brief under the
authority of Texas Rule of Appellate Procedure 38.6(d). This motion is filed within
the deadline to file a motion to extend time to file Appellants’ Reply Brief as required
by Rule 38.6(d) of the Texas Rules of Appellate Procedure.
CONCLUSION
The Court should extend the time for filing Appellants’ Reply Brief for a
twenty-one day extension to Monday, January 27, 2025 to allow sufficient time for
Appellants’ attorney to prepare the reply brief.
PRAYER
For these reasons, Appellants request that this Court issue an order as follows:
1. Extend the time for filing Appellants’ reply brief for twenty-one (21) days, until Monday, January 27, 2025.
5 Respectfully submitted,
THE SWEARINGEN LAW FIRM ROBERT A. SWEARINGEN, P.C.
By: /s/Robert A. Swearingen Robert A. Swearingen State Bar Number 19563050 Byron D. Thompson State Bar Number 24051698 3002 Texas Avenue South College Station, Texas 77845-5048 (979) 680-9993 ~ Telephone (979) 680-9991 ~ Facsimile Robert@swearingenlaw.com
ATTORNEY FOR APPELLANTS RICHARD MARK DUDLEY DEANIE PALMER DUDLEY
CERTIFICATE OF CONFERENCE
I certify that I have conferred with Frederick D. Junkin, attorney for Appellee Texas Municipal Power Agency, via email on December 19, 2024, Mr. Junkin stated in an email response on that date that Appellee was unopposed to the relief sought in this motion.
/s/ Byron D. Thompson BYRON D. THOMPSON
6 CERTIFICATE OF SERVICE
I certify that on December 19, 2024, I served a copy of this document, Appellants Richard Mark Dudley and Deanie Palmer Dudley’s Unopposed First Motion for Extension of Time to File Appellants’ Reply Brief, on the following lead counsel for all parties to the trial court’s Judgment, who are listed below, by electronic service and that the electronic transmission was reported as complete. My e-mail address is robert@swearingenlaw.com
Frederick D. Junkin State Bar No. 11058030 fred.junkin@phelps.com Phelps Dunbar LLP 910 Louisiana Street, Suite 4300 Houston, Texas 77002 (713) 877-5508 (713) 626-1388 (Fax) Attorney for Appellee Texas Municipal Power Agency via electronic service
/s/ Robert A. Swearingen ROBERT A. SWEARINGEN
7 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.
Swearingen Law Firm - Legal Secretary on behalf of Robert Swearingen Bar No. 19563050 robert@swearingenlaw.com Envelope ID: 95510975 Filing Code Description: Motion Filing Description: Appellants' First Unopposed Motion for Extension of Time to File Appellants' Reply Brief Status as of 12/19/2024 2:22 PM CST
Associated Case Party: Texas Municipal Power Agency
Name BarNumber Email TimestampSubmitted Status
Sarah Strickland SARAH.STRICKLAND@PHELPS.COM 12/19/2024 1:51:00 PM SENT
Nichole Impastato nichole.impastato@phelps.com 12/19/2024 1:51:00 PM SENT
Case Contacts
Robert A.Swearingen robert@swearingenlaw.com 12/19/2024 1:51:00 PM SENT
Byron Thompson byron@swearingenlaw.com 12/19/2024 1:51:00 PM SENT
Frederick Junkin fred.junkin@phelps.com 12/19/2024 1:51:00 PM SENT