Robert Caron and Sujata Kimberly Caron v. Stephen A. Smaby and Shelley A. Greene

Opinion

ACCEPTED 01-15-00528-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 10/26/2015 2:03:06 PM CHRISTOPHER PRINE CLERK

NO. 01-15-00528-CV

FILED IN 1st COURT OF APPEALS IN THE HOUSTON, TEXAS 10/26/2015 2:03:06 PM COURT OF APPEALS CHRISTOPHER A. PRINE Clerk

FOR THE

FIRST DISTRICT OF TEXAS

ROBERT CARON AND SUJATA KIMBERLY CARON Appellants V.

STEPHEN A. SMABY AND SHELLEY A. GREENE Appellees

AGREED MOTION FOR EXTENSION OF TIME

TO THE HONORABLE JUSTICES OF THIS COURT:

Appellants, Robert Caron and Sujata Kimberly Caron respectfully file this their

Agreed Motion for Extension of Time to file Appellants’ Brief pursuant to Tex. R.

App. P. 10.5(b) and 38.6(d) and requests that this court grant them an extension of

time to file Appellants’ Brief.

I.

Appellants’ brief was due in this court on Thursday, October 8, 2015. II.

Appellants require an extension of time until a date thirty (30) days after the

supplemental record has been filed with the Court of Appeals.

III.

There have been no previous extensions of time with respect to Appellants’ Brief.

IV.

Appellants rely on the following facts to reasonably explain the need for an

extension. On August 25, 2015, Plaintiffs, Appellants, filed a request to

supplement the clerk’s record pursuant to Tex. R. App. P. 34.5(c)(1). On

September 14, 2015 Defendants, Appellees, also filed a request to supplement the

clerks record. The district clerk sent an e-mail to the undersigned Appellants’

counsel advising him that the cost of preparing the supplemental record would be

$476.00. Appellants’ counsel paid this amount by a check personally delivered to

the District Clerk’s office on October 16, 2015. The supplemental record has not

been filed with the Court of Appeals. The present clerk’s record is inadequate and

incomplete as a basis for briefing the case. The parties need the supplemental

clerk’s record to be filed in order to brief the case. Appellants therefore request

that the time to file Appellants’ brief be extended to a date thirty (30) days after the

supplemental record has been filed with the Court of Appeals. V.

For these reasons, Appellants ask this Court to grant an extension of time to file

Appellants’ brief to a date thirty (30) days after the supplemental record has been

filed with the Court of Appeals.

CERTIFICATE OF CONFERENCE

I hereby certify that I have conferred with counsel for Appellees, Brett Sileo, about

the merits of Appellants’ Motion for Extension of Time to File Appellants’ Brief

by a telephone conversation on October 23, 2015. Mr. Sileo agrees with the

motion.

Respectfully submitted,

Law Offices of William E. Ryan By:/s/ William E. Ryan William E. Ryan, Esq. ryanattorney@aol.com State Bar. No. 17485200 1302 Waugh Drive #631 Houston, Texas 77098-4125 Telephone: 713-520-0073 ATTORNEY FOR APPELLANTS ROBERT CARON AND SUJATA KIMBERLY CARON . CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing Agreed Motion for Extension of Time to file Appellants’ Brief has been served on the following counsel of record by e-mail on this the 26rd day of October, 2015:

Britton B. Harris bharris@hhstxlaw.com Brett J. Sileo bsileo@hhstxlaw.com 1111 Rosalie Houston, Texas 77004 Attorneys for Appellees Shelley L. Greene and Stephen A. Smaby

/s/ William E. Ryan William E. Ryan