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

Opinion

ACCEPTED 03-14-00515-CV 4682491 THIRD COURT OF APPEALS AUSTIN, TEXAS 3/27/2015 7:21:42 PM JEFFREY D. KYLE CLERK

No. 03-14-00515-CV Tr Ct No. D-1-GN-14-001581 FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD DISTRICT OF TEXAS 3/27/2015 7:21:42 PM 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

MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ BRIEF

TO THE THIRD COURT OF APPEALS:

Appellants, Salvatore Magaraci and Estate Protection Planning

Corporation, file this motion for extension of time to file Appellants’ Brief

under Rules 10.1, 10.5(b), and 38.6(d) of the Texas Rule of Appellate

Procedure, and requests the Court to extend the deadline for filing the

appellants’ brief from March 11, 2015 until March 27, 2015. In support of

this motion appellants show:

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I.

This is an appeal from the final judgment after a partial summary

judgment and bench trial in a receivership proceeding. Appellants’ Brief

was filed today.

II.

This is appellants’ first request for an extension of time to file

Appellants’ Brief.

III.

The undersigned Timothy Hootman, underestimated the complexity

of the record and the time necessary to complete the brief, and therefore

requests the additional 16 days. The Appellants’ Brief has been filed

contemporaneously with this motion.

WHEREFORE, appellants, Salvatore Magaraci and Estate Protection

Planning Corporation, pray that this motion be granted and that the Court

extend the time to file Appellants’ Brief from to March 11, 2015, until March

27, 2015.

Respectfully submitted,

/s/Timothy A. Hootman Timothy A. Hootman, SBN 09965450 2402 Pease St Houston, TX 77003 713.247.9548; 713.583.9523 (f) E-mail: thootman2000@yahoo.com ATTORNEYS FOR APPELLANTS

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CERTIFICATE OF SERVICE

I hereby certify that, in accordance with Rule 9.5 of the Texas Rules of

Appellate Procedure, I have served the forgoing document upon the following

attorneys by personal mail, commercial delivery service, fax, or electronic service:

John W. Thomas GEORGE, BROTHERS, KINCAID & HORTON, LLP 114 West 7th St, Ste 1100 Austin, TX 78701 Dated: March 27, 2015.

/s/Timothy A. Hootman Timothy A. Hootman

CERTIFICATE OF CONFERENCE

The undersigned has attempted to communicate with appellees lawyers by email and has not yet received confirmation as to whether they are opposed. A supplemental certificate will be filed upon confirmation.

/s/ Timothy A. Hootman TIMOTHY A. HOOTMAN