Salvatore Magaraci and Estate Protection Planning Corporation v. Eduardo S. Espinosa in His Capacity as Receiver of Retirement Value, LLC

Court of Appeals of Texas

Salvatore Magaraci and Estate Protection Planning Corporation v. Eduardo S. Espinosa in His Capacity as Receiver of Retirement Value, LLC

Court of Appeals of Texas·Decided April 10, 2015·No. 03-14-00515-CV·Published

Opinion

ACCEPTED 03-14-00515-CV 4841196 THIRD COURT OF APPEALS AUSTIN, TEXAS 4/10/2015 11:20:16 AM JEFFREY D. KYLE CLERK 03-14-00515-CV

IN THE COURT OF APPEALS FILED IN FOR THE THIRD DISTRICT OF TEXAS 3rd COURT OF APPEALS AUSTIN, TEXAS AT AUSTIN 4/10/2015 11:20:16 AM JEFFREY D. KYLE Clerk Salvatore Magaraci and Estate Protection Planning Corporation APPELLANTS

v.

EDUARDO S. ESPINOSA, IN HIS CAPACITY AS RECEIVER OF RETIREMENT VALUE, LLC APPELLEE

Appeal from 419th Judicial District Court of Travis County, Texas (Hon. Gisela D. Triana, Presiding)

APPELLEE’S MOTION TO EXTEND TIME TO FILE BRIEF

John W. Thomas State Bar No. 19856425 George, Brothers, Kincaid & Horton, L.L.P 114 W Seventh, Suite 1100 Austin, TX 78701-3015 Telephone: (512) 495-1400 Facsimile: (512) 499-0094 jthomas@gbkh.com

ATTORNEYS FOR APPELLEE EDUARDO S. ESPINOSA, IN HIS CAPACITY AS RECEIVER OF RETIREMENT VALUE, LLC

COMES NOW, Appellee, Eduardo S. Espinosa, in his Capacity as Receiver of

Retirement Value, LLC, and request the Court to extend the time to file Appellee’s Brief.

Time to File Brief in accordance with Tex. R. App. P. 10.5(b) and Tex. R. App. P.

38.6(d).

A. Introduction

1. Appellant filed its brief on March 27, 2015.

2. Appellee’s brief is due on April 29, 2015.

3. Texas Rule of Appellate Procedure Rule 38.6(b) states that the appellee's

brief must be filed within 30 days after the date the appellant's brief was filed. Appellee

now asks the Court to grant its motion to extend time for thirty days to file appellee’s

brief.

B. Arguments & Authorities

4. The Court may extend the time for filing a brief under Texas Rule of

Appellate Procedure 38.6(d).

5. Appellee seeks an extension in this case because Appellee is still seeking

correction and supplementation of the Clerk’s Record. In addition to the size and issues

associated with the Clerk’s Record, attorney’s for Appellee have other deadlines

associated with other cases.

6. Counsel for Appellant does not oppose this motion and has agreed to the

extension sought.

7. There have not been any previous extensions granted regarding the filing of

Appellee’s brief.

C. Prayer

8. For these reasons, Appellee Eduardo S. Espinosa, in his Capacity as

Receiver of Retirement Value, LLC asks the Court to grant an extension of time to file

the appellee’s brief until May 29, 2015.

Respectfully submitted,

/s/ John W. Thomas John W. Thomas State Bar No. 19856425 George & Brothers, L.L.P 114 W Seventh, Suite 1100 Austin, TX 78701-3015 Telephone: (512) 495-1400 Facsimile: (512) 499-0094 jthomas@gbkh.com

ATTORNEYS FOR APPELLEE EDUARDO S. ESPINOSA, IN HIS CAPACITY AS RECEIVER OF RETIREMENT VALUE, LLC

CERTIFICATE OF CONFERENCE

The undersigned has conferred with counsel for Appellant about the merits of the motion and counsel for Appellant has agreed to the extension of time to file Appellee’s Brief.

CERTIFICATE OF SERVICE

A copy of the foregoing pleading was served upon the following listed counsel in the manner listed below, and by the Court’s electronic service on this 10th day of April, 2015. Subject to further notice, the electronic transmission will be reported as complete upon electronic receipt by the court.

Timothy A. Hootman 2402 Pease St. Houston, TX 77003 (713) 247-9548 (713) 583-9523 fax thootman@yahoo.com

/s/ John W. Thomas John W. Thomas

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ACCEPTED 03-14-00515-CV 4841196 THIRD COURT OF APPEALS AUSTIN, TEXAS 4/10/2015 11:20:16 AM JEFFREY D. KYLE CLERK 03-14-00515-CV

IN THE COURT OF APPEALS FILED IN FOR THE THIRD DISTRICT OF TEXAS 3rd COURT OF APPEALS AUSTIN, TEXAS AT AUSTIN 4/10/2015 11:20:16 AM JEFFREY D. KYLE Clerk Salvatore Magaraci and Estate Protection Planning Corporation APPELLANTS

v.

EDUARDO S. ESPINOSA, IN HIS CAPACITY AS RECEIVER OF RETIREMENT VALUE, LLC APPELLEE

Appeal from 419th Judicial District Court of Travis County, Texas (Hon. Gisela D. Triana, Presiding)

APPELLEE’S MOTION TO EXTEND TIME TO FILE BRIEF

John W. Thomas State Bar No. 19856425 George, Brothers, Kincaid & Horton, L.L.P 114 W Seventh, Suite 1100 Austin, TX 78701-3015 Telephone: (512) 495-1400 Facsimile: (512) 499-0094 jthomas@gbkh.com

ATTORNEYS FOR APPELLEE EDUARDO S. ESPINOSA, IN HIS CAPACITY AS RECEIVER OF RETIREMENT VALUE, LLC

COMES NOW, Appellee, Eduardo S. Espinosa, in his Capacity as Receiver of

Retirement Value, LLC, and request the Court to extend the time to file Appellee’s Brief.

Time to File Brief in accordance with Tex. R. App. P. 10.5(b) and Tex. R. App. P.

38.6(d).

A. Introduction

1. Appellant filed its brief on March 27, 2015.

2. Appellee’s brief is due on April 29, 2015.

3. Texas Rule of Appellate Procedure Rule 38.6(b) states that the appellee's

brief must be filed within 30 days after the date the appellant's brief was filed. Appellee

now asks the Court to grant its motion to extend time for thirty days to file appellee’s

brief.

B. Arguments & Authorities

4. The Court may extend the time for filing a brief under Texas Rule of

Appellate Procedure 38.6(d).

5. Appellee seeks an extension in this case because Appellee is still seeking

correction and supplementation of the Clerk’s Record. In addition to the size and issues

associated with the Clerk’s Record, attorney’s for Appellee have other deadlines

associated with other cases.

6. Counsel for Appellant does not oppose this motion and has agreed to the

extension sought.

7. There have not been any previous extensions granted regarding the filing of

Appellee’s brief.

C. Prayer

8. For these reasons, Appellee Eduardo S. Espinosa, in his Capacity as

Receiver of Retirement Value, LLC asks the Court to grant an extension of time to file

the appellee’s brief until May 29, 2015.

Respectfully submitted,

/s/ John W. Thomas John W. Thomas State Bar No. 19856425 George & Brothers, L.L.P 114 W Seventh, Suite 1100 Austin, TX 78701-3015 Telephone: (512) 495-1400 Facsimile: (512) 499-0094 jthomas@gbkh.com

ATTORNEYS FOR APPELLEE EDUARDO S. ESPINOSA, IN HIS CAPACITY AS RECEIVER OF RETIREMENT VALUE, LLC

CERTIFICATE OF CONFERENCE

The undersigned has conferred with counsel for Appellant about the merits of the motion and counsel for Appellant has agreed to the extension of time to file Appellee’s Brief.

CERTIFICATE OF SERVICE

A copy of the foregoing pleading was served upon the following listed counsel in the manner listed below, and by the Court’s electronic service on this 10th day of April, 2015. Subject to further notice, the electronic transmission will be reported as complete upon electronic receipt by the court.

Timothy A. Hootman 2402 Pease St. Houston, TX 77003 (713) 247-9548 (713) 583-9523 fax thootman@yahoo.com

/s/ John W. Thomas John W. Thomas

Salvatore Magaraci and Estate Protection Planning Corporation v. Eduardo S. Espinosa in His Capacity as Receiver of Retirement Value, LLC, (Tex. Ct. App. 2015).

Pincite

Salvatore Magaraci and Estate Protection Planning Corporation v. Eduardo S. Espinosa in His Capacity as Receiver of Retirement Value, LLC (Salvatore Magaraci and Estate Protection Planning Corporation v. Eduardo S. Espinosa in His Capacity as Receiver of Retirement Value, LLC) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.