Rosa Ena Cantu v. Southern Insurance Company and Steve Dollery

Court of Appeals of Texas·Decided October 2, 2015·No. 03-15-00303-CV·Published

Opinion

ACCEPTED

03-15-00303-CV

7198679

THIRD COURT OF APPEALS

AUSTIN, TEXAS

10/2/2015 8:48:33 AM

JEFFREY D. KYLE

CLERK

NO. 03-15-00303-CV

FILED IN

IN THE COURT OF APPEALS 3rd COURT OF APPEALS AUSTIN, TEXAS

FOR THE THIRD DISTRICT OF TEXAS 10/2/2015 8:48:33 AM AT AUSTIN JEFFREY D. KYLE Clerk

ROSE ENA CANTU

Appellant,

V.

SOUTHERN INSURANCE COMPANY AND STEVE DOLLERY Appellees,

Appeal from the 21st Judicial District Court, Bastrop County, Texas Trial Court Cause No. 053-21 Hon. Carson Campbell, Presiding

APPELLANT’S AMENDED MOTION TO EXTEND TIME TO FILE BRIEF

M. Chad Gerke Christopher D. Lewis Texas Bar No. 24027390 Texas Bar No. 24032546 Robert L. Collins 1721 West T.C. Jester Blvd Texas Bar No. 04618100 Houston, Texas 77008 Audrey E. Guthrie (713) 553-4104 Texas Bar No. 24083116 (713) 467-8883 Facsimile P.O. Box 7726 Houston, Texas 77270-7726 COUNSEL FOR APPELLANT (713) 467-8884 (713) 467-8883 Facsimile houstonlaw2@aol.com

TO THE HONORABLE COURT OF APPEALS:

COMES NOW, Rose Ena Cantu, Appellant herein, and files this Amended

Motion to Extend Time to File Brief. In support thereof, and pursuant to Texas

Rule of Appellate Procedure 10.5(b), Appellant would show as follows:

A. The deadline for filing the item in question:

The item in question is Appellant’s Brief. The current deadline for filing

Appellant’s Brief is October 1, 2015.

B. The length of the extension sought:

Appellant seeks a one-time extension of twenty (20) days within which to

file Appellant’s Brief, to include the period from September 14, 2015 through

October 1, 2015.

C. The facts relied on to reasonably explain the need for an

extension:

Counsel for Appellant and author of this Brief, Ms. Guthrie, was due to give

birth on September 22, but instead gave birth on September 12, ten days early. Ms.

Guthrie has only returned to work part-time this week and was able to complete the

Brief, which is being filed contemporaneously with this motion.

In addition, the remaining counsel for Appellant were involved in

consecutive trials in Harris and Bastrop Counties.

Counsel for Appellee has not responded to this request.

D. The number of previous extensions granted regarding this

extension:

One extension has been sought and granted.

Wherefore, premises considered, Appellant requests the Court grant an

extension of time to file her Brief, and accept the Brief which is being filed along

with this motion.

Respectfully submitted,

Robert L. Collins Texas Bar No. 04618100 Audrey Guthrie Texas Bar No. 24083116 P. O. Box 7726 Houston, Texas 77270-7726 (713) 467-8884 Telephone (713) 467-8883 Facsimile houstonlaw2@aol.com

ATTORNEYS FOR APPELLANT ROSE ENA CANTU

CERTIFICATE OF CONFERENCE

As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that on October 1, 2015, I attempted to confer with counsel for Appellee in this matter and we did not receive a response as of the filing of this motion.

Robert L. Collins

CERTIFICATE OF SERVICE

As required by Texas Rule of Appellate Procedure 6.3 and 9.5(b), (d), (e), I certify that I have served this document on all other parties, on this 2nd day of October, 2015:

Catherine L. Hanna Laura D. Tubbs Eric Peabody Hanna & Plaut, LLP 211 East Seventh Street, Ste. 600 Austin, Texas 78701 ltubbs@hannaplaut.com Facsimile (512) 472-0205

Robert L. Collins

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ACCEPTED

03-15-00303-CV

7198679

THIRD COURT OF APPEALS

AUSTIN, TEXAS

10/2/2015 8:48:33 AM

JEFFREY D. KYLE

CLERK

NO. 03-15-00303-CV

FILED IN

IN THE COURT OF APPEALS 3rd COURT OF APPEALS AUSTIN, TEXAS

FOR THE THIRD DISTRICT OF TEXAS 10/2/2015 8:48:33 AM AT AUSTIN JEFFREY D. KYLE Clerk

ROSE ENA CANTU

Appellant,

V.

SOUTHERN INSURANCE COMPANY AND STEVE DOLLERY Appellees,

Appeal from the 21st Judicial District Court, Bastrop County, Texas Trial Court Cause No. 053-21 Hon. Carson Campbell, Presiding

APPELLANT’S AMENDED MOTION TO EXTEND TIME TO FILE BRIEF

TO THE HONORABLE COURT OF APPEALS:

COMES NOW, Rose Ena Cantu, Appellant herein, and files this Amended

Motion to Extend Time to File Brief. In support thereof, and pursuant to Texas

Rule of Appellate Procedure 10.5(b), Appellant would show as follows:

A. The deadline for filing the item in question:

The item in question is Appellant’s Brief. The current deadline for filing

Appellant’s Brief is October 1, 2015.

B. The length of the extension sought:

Appellant seeks a one-time extension of twenty (20) days within which to

file Appellant’s Brief, to include the period from September 14, 2015 through

October 1, 2015.

C. The facts relied on to reasonably explain the need for an

extension:

Counsel for Appellant and author of this Brief, Ms. Guthrie, was due to give

birth on September 22, but instead gave birth on September 12, ten days early. Ms.

Guthrie has only returned to work part-time this week and was able to complete the

Brief, which is being filed contemporaneously with this motion.

In addition, the remaining counsel for Appellant were involved in

consecutive trials in Harris and Bastrop Counties.

Counsel for Appellee has not responded to this request.

D. The number of previous extensions granted regarding this

extension:

One extension has been sought and granted.

Wherefore, premises considered, Appellant requests the Court grant an

extension of time to file her Brief, and accept the Brief which is being filed along

with this motion.

Respectfully submitted,

Robert L. Collins Texas Bar No. 04618100 Audrey Guthrie Texas Bar No. 24083116 P. O. Box 7726 Houston, Texas 77270-7726 (713) 467-8884 Telephone (713) 467-8883 Facsimile houstonlaw2@aol.com

ATTORNEYS FOR APPELLANT ROSE ENA CANTU

CERTIFICATE OF CONFERENCE

Robert L. Collins

CERTIFICATE OF SERVICE

As required by Texas Rule of Appellate Procedure 6.3 and 9.5(b), (d), (e), I certify that I have served this document on all other parties, on this 2nd day of October, 2015:

Catherine L. Hanna Laura D. Tubbs Eric Peabody Hanna & Plaut, LLP 211 East Seventh Street, Ste. 600 Austin, Texas 78701 ltubbs@hannaplaut.com Facsimile (512) 472-0205

Robert L. Collins

Rosa Ena Cantu v. Southern Insurance Company and Steve Dollery, (Tex. Ct. App. 2015).

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