Samuel Dodson v. Benito Munoz D/B/A B M Transport, Erik Munoz, and David Henry Owens

• Court: Court of Appeals of Texas
• Decided: September 25, 2017
• Docket: 04-17-00409-CV
• Status: Published

Opinion

ACCEPTED 04-17-00409-CV *,*t-_. _. | FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 9/25/2017 10:21 AM

NO. 04-17-00409-CV

FILED IN IN THE 4th COURT OF APPEALS FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS SAN ANTONIO, TEXAS 09/25/2017 10:21:34 AM KEITH E. HOTTLE CLERK

Samuel Dodson Appellant VS. Benito Munoz d/b/a B M Transport, Erik Munoz, and David Henry Owens Appellees And American Interstate Insurance Company

On appeal from Cause No. 16-0367-CV 25th Judicial District Court of Guadalupe County, Texas Honorable William D. Old Ill., Presiding Judge

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLEE

Samuel Dodson (((Appellant") respectfully moves this Court for an

unopposed extension of time to flle Appellant,s brief in the above-styled appeal as

follows:

1. This is an appeal from the Trial Court,s take nothing judgment in favor

of Appellees Benito Munoz d/b/a B M Transport, Erik Munoz, and David Henry

Owens and against Appellant. Appellant timely flled his notice of appeal. 2. Specifically) Appellant respectfully requests that the Court extend the cuITent

deadline for filing Appellant,s brief by 30 days from October 2, 2017 to November 1 ,

2017 because of scheduling conflicts with the current briefing SChedule. TEX. R.

APP. P. 38.6(d). Appellant,s counsel has a trial setting on October 2, 2017 in Nueces

County Court at Law No. 3.

3. This is Appellant,s first request for an extension Of time tO flle Appellant,s

brief' 4. Appellant requests this extension in the interests of justice and faimess and

not because of any failure of Appellant or his counsel to comply with the Texas

Rules of Appellate Procedure. Submission of this case will not be unduly delayed by

the granting of this request.

5. Appellee has agreed with this requested relief.

THEREFORE, Appellant respectfully prays the Court grant his extension of

time to flle Appellant,s brief, through and including November 1, 2017, and grant

him all such other and further relief as this Court deems just.

Respectfully submitted,

State BarNo. 08124100 521 Starr Street 2 Corpus Christi, Texas, 78401 I Telephone: (361) 985-0600 Fax: (361) 985-0601 Email :bgonzalez-svc@tjhlaw. com Counsel for Appellant Samuel Dodson

CERTIFICATE OF CONFERENCE

I hereby certify that I conferred with counsel for Appellees, Benito Munoz

d/b/a B M Transport, Erik Munoz, and David Henry Owens; and counsel for

American Interstate Insurance Company and was advised by email that they do

not oppose this requested extension of time.

3 1 a I +

CERTIFICATE OF SERVICE

I hereby certify that I served a true and correct copy of this Motion on the-

counsel of record listed below via e-flling on this 25th day of September 20 17.

Dan Pozza Pozza & Whyte, PLLC 239 East Commerce Street San Antonio, TX 78205 Phone:(210) 287-9068 Fax: (210) 222-8477 Lany J. Goldman Goldman & Associates 10100 Reunion Place, Suite 800 Sam Antonio, Texas 78216 Phone: (210) 340-9800 Fax: (210) 340-9888 ATTORI\unYS FOR AppELLEES

Brent L. Watkins Krystal Elaine RIley SKELTON SLUSRER BARNIIILL WATKINS WELLS, PLLC 1616 S. Chestnut St. Lufkin, Texas 7590 1 Phone: (936) 632-2300 Fax: (936) 632-6545 ATTORNEYS FOR AnfflRICAN INTERSTATE INSURANCE CoMPAFIV