Rosa Ena Cantu v. Southern Insurance Company and Steve Dollery

Opinion

ACCEPTED

03-15-00303-CV

8124485

THIRD COURT OF APPEALS

AUSTIN, TEXAS

12/7/2015 4:41:10 PM

JEFFREY D. KYLE

CLERK

CASE NO. 03-15-00303-CV FILED IN 3rd COURT OF APPEALS

AUSTIN, TEXAS

12/7/2015 4:41:10 PM

IN THE THIRD COURT OF APPEALS JEFFREY D. KYLE Clerk

AUSTIN, TEXAS

Rosa Ena Cantu, Appellant v.

Southern Insurance Company and Steve Dollery, Appellees

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

Second Unopposed Motion to Extend Time to File Appellees’Brief

TO THE HONORABLE COURT OF APPEALS:

Appellees Southern Insurance Company and Steve Dollery ask the Court to

extend the time to file Appellees’ Brief.

1. Appellees are Southern Insurance Company and Steve Dollery;

Appellant is Rosa Ena Cantu.

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

Tex. R. App. P. 38.6(d). The Court may grant a motion to extend time to file a

brief and postpone submission of the case on a motion complying with Texas Rule

of Appellate Procedure 10.5(b). Id.

3. The deadline to file Appellees’ Brief is December 7, 2015. Appellant

and Appellees have settled their dispute, but have not exchanged final settlement

and release documents. Although the parties have agreed to a dismissal of this

appeal, Appellant has refused to file or join in a motion to dismiss this appeal until

the formal settlement documents and checks are exchanged. Appellant has agreed

to an extension of Appellees’ briefing deadline, however, to allow finalization of

the settlement. Appellees therefore request an extension of the time to file their

brief until Friday, January 8, 2015, which should give the parties ample time to

finalize the settlement and move to dismiss this appeal. One previous extension of

time has been granted to file Appellees’ Brief.

4. This request is not sought for the purpose of delay but so that justice

may be done.

WHEREFORE, PREMISES CONSIDERED, Appellees Southern Insurance

Company and Steve Dollery respectfully pray that the Court grant this motion to

and for such other and further relief to which Appellees may show themselves

justly entitled.

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Respectfully submitted,

HANNA & PLAUT, L.L.P. 211 East Seventh Street, Suite 600 Austin, Texas 78701 Telephone: (512) 472-7700 Facsimile: (512) 472-0205

By: /s/ Eric S. Peabody

Catherine L. Hanna State Bar No. 08918280 channa@hannaplaut.com Eric S. Peabody State Bar No. 00789539 epeabody@hannaplaut.com Laura D. Tubbs State Bar No. 24052792 ltubbs@hannaplaut.com

COUNSEL FOR APPELLEES SOUTHERN INSURANCE COMPANY AND STEVE DOLLERY

CERTIFICATE OF CONFERENCE

On December 3, 2015, the undersigned counsel for Appellees conferred with Audrey Guthrie, counsel for Appellant Rosa Ena Cantu, via email regarding this motion. Counsel for Appellant advised that she is unopposed to the relief sought.

/s/ Eric S. Peabody Eric S. Peabody

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CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Motion to Extend Time to File Appellees’ Brief has been forwarded by e-service and/or facsimile on the 7th day of December, 2015 to:

Via Facsimile: (713) 467-8883 M. Chad Gerke Robert L. Collins Audrey E. Guthrie Email: houstonlaw2@aol.com P.O. Box 7726 Houston, Texas 77270-7726

Via Facsimile: (713) 467-8883 Christopher D. Lewis Email: houstonlaw2@aol.com 1721 West T.C. Jester Blvd. Houston, Texas 77008

Counsel for Appellant

/s/ Eric S. Peabody Eric S. Peabody