Shamark Smith Limited Partnership, Sharon D. Marcus, and Paul J. Smith v. Martin M. Longoria

Opinion

ACCEPTED 03-14-00698-CV 5152671 THIRD COURT OF APPEALS AUSTIN, TEXAS 5/5/2015 11:07:57 AM JEFFREY D. KYLE CLERK NO.03-14-00698-CV

IN THE FILED IN 3rd COURT OF APPEALS THIRD COURT OF APPEALS AUSTIN, TEXAS AT A USTIN, TEXAS 5/5/2015 11:07:57 AM JEFFREY D. KYLE Clerk

SHAMARK SMITH LIMITED PARTNERSHIP, ET AL., Appellants, v. MARTIN M. LONGORIA, Appellee

APPELLEE MARTIN M. LONGORIA'S UNOPPOSED MOTION FOR FIRST EXTENSION OF TIME TO FILE APPELLEE'S BRIEF

TO THE HONORABLE COURT:

NOW COME Martin M. Longoria, Appellee, who offers the following:

1. Appellee seeks an extension of the deadline for filing Appellees' Brief to June 5,

2015 (being a 30-day extension).

2. Without an extension, the deadline for filing Appellees' Briefis May 6, 2015.

3. Appellees' Brief cannot be tendered on time because the undersigned counsel, a sole

practitioner, had surgery which resulted in lost time and diminished stamina: As a

consequence, counsel cannot meet the May 6th deadline.

4. Although Appellants obtained three unopposed extensions of time to file their

Appellants' Brief, this is Appellee's first request for an extension of time to file his

Appellee's Brief.

Page 1 of 4 WHEREFORE, Appellee prays that the deadline for filing Appellee's Brief be

extended to June 5, 2015.

Milano, Texas 76556 SBOT 20706000 Phone: (512) 636-9520 Fax: (512) 455-7922 Email: walker@2appeal.com COUNSEL FOR MARTIN M. LONGORIA

Page 2 of 4 VERIFICATION THE STATE OF TEXAS COUNTY OF MILAM

BEFORE ME, the undersigned Notary Public, on this day personally appeared James David Walker, who being by me duly sworn on his oath deposed and said that he has read the above and foregoing and that every statement of fact contained therein is within his personal knowledge and is true and correctx? Ii <: .: ,({)d~. /1

, . ... _.\ ~-~p I I /1./ (, J~S DAVID WALKER \-,/ SUBSCRIBED AND SWORN TO BEFORE ME by the said James David Walker this 1i- day of ~ ,2015, to certify which witness my hand and seal of office.

~bliF?:~ (SEAL) The State of Texas

_i-.""'" ~r.r~ MARfA D. SllVI' Printed Name of Notary ~f~'!*~ Notary Public. State of l'i1xas ~~l My COmmisSion Exp!res >;."~",, JANUARY 23, 2019 My Commission Expires:l-1;~-1oIq

Page 3 of 4 -----------------.....------------------------

CERTIFICATE OF CONFERENCE

CERTIFICATE OF WORD COUNT

I certify that this document contains 368 words, determ· TRAP 9.4.

CERTIFICATE OF SERVICE

Page 4 of 4