Stewart Phillip McCray v. Howard Spector

• Court: Court of Appeals of Texas
• Decided: February 16, 2024
• Docket: 05-23-00738-CV
• Status: Published

Opinion

ACCEPTED 05-23-00738-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 2/16/2024 3:33 PM RUBEN MORIN CLERK

No. 05-23-00738-CV

IN THE COURT OF APPEALS FIFTH DISTRICT OF TEXAS FILED IN 5th COURT OF APPEALS AT DALLAS DALLAS, TEXAS 2/16/2024 3:33:11 PM Ruben Morin Clerk STEWART PHILLIP MCCRAY, Appellant V. NIKKI SLAUGHTER MCCRAY, Appellee

On Appeal from the 255th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-09-02559

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEE NIKKI MCCRAY’S BRIEF

Goranson Bain Ausley, PLLC Clint Westhoff State Bar No. 24013733 7160 N. Dallas Parkway, Suite 650 Plano, Texas 75024 Telephone: (214) 473-9696 Facsimile: (469) 467-8059 Email: cwesthoff@gbafamilylaw.com

COUNSEL FOR APPELLEE NIKKI SLAUGHTER MCCRAY

-1- TO THE HONORABLE FIFTH COURT OF APPEALS:

Appellee in the above-referenced matter, Nikki McCray, hereby

files this Unopposed Motion to Extend Time to File Appellee’s Brief. In

further support of this motion, Appellee asserts the following:

1. Appellee moves the Court for an order granting an additional

thirty days (30) in which Appellee can file her brief.

2. No prior requests for extension to file Appellee’s Brief has

been requested or granted in this appeal.

3. Appellee’s Brief is currently due on February 21, 2024. The

extension, if granted, would require the Brief to be filed on

March 22, 2024.

4. This motion is not for delay only, but so substantial justice

may be achieved.

5. Appellee’s counsel has conferred with Appellant’s counsel,

and with the Receiver’s counsel, who have both indicated that

they do not oppose this Motion to Extend Time to File

Appellee’s Brief.

6. In addition, counsel has a trial set in the 256th District Court

on February 21, 2024, hearings on February 26th and 28th, and

-2- was in trial in Bexar County on January 29, 2024, through

February 1, 2024, which impacted the ability to respond to the

Appellant’s brief prior to the current deadline.

Appellee respectfully prays that the court grant this Motion and

extend the February 21, 2024, deadline for filing her Brief for thirty (30)

days, making the new deadline March 22, 2024.

Respectfully submitted,

Goranson Bain Ausley, PLLC

By: ____________________________ Clint Westhoff State Bar No. 24013733 7160 N. Dallas Parkway, Suite 650 Plano, Texas 75024 Telephone: (214) 473-9696 Facsimile: (469) 467-8059 Email: cwesthoff@gbafamilylaw.com

COUNSEL FOR APPELLEE

-3- VERIFICATION

I, Clint Westhoff, here verify that the information contained in paragraphs 1, 2, 3, 4, 5, 6 above are within my personal knowledge and are true and correct.

____________________________________ Clint Westhoff

CERTIFICATE OF CONFERENCE

I, Clint Westhoff, here certify that, I conferred with the Appellant’s Attorney indicated that he did not oppose Appellee’s request for extension of time to file Appellee’s Brief.

-4- CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the above was served on the following in accordance with the Texas Rules of Appellate Procedure on February 16, 2024:

Robert B. Gilsbreath Electronic Filing System State Bar No. 07904620 Hawkins Parnell & Young LLP 6301 Gaston Avenue, Suite 1225 Dallas, Texas 75214 Phone: (214) 780-5114 Email: rgilbreath@hptylaw.com Counsel for Appellant

Charles Baruch Electronic Filing System Johnston Tobey Baruch, P.C. 12377 Merit Drive, Suite 880 Dallas, Texas 75251 Phone: (214) 741-6260 Email: chad@jtlaw.com Counsel for Receiver

-5- Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Connor Westhoff on behalf of Clint Westhoff Bar No. 24013733 connor@gbafamilylaw.com Envelope ID: 84616347 Filing Code Description: Motion Filing Description: Motion for Extension Status as of 2/16/2024 3:39 PM CST

Associated Case Party: NikkiSlaughterMcCray

Name BarNumber Email TimestampSubmitted Status

Clint Westhoff cwesthoff@gbafamilylaw.com 2/16/2024 3:33:11 PM SENT

Connor Westhoff connor@gbafamilylaw.com 2/16/2024 3:33:11 PM SENT

Associated Case Party: Howard Spector

Chad Baruch chad@jtlaw.com 2/16/2024 3:33:11 PM SENT

Jacqueline Jaramillo jacqueline@jtlaw.com 2/16/2024 3:33:11 PM SENT

Associated Case Party: StewartPhillip McCray

Michael Gaubert michael@gaubertlawgroup.com 2/16/2024 3:33:11 PM SENT

Robert Gilbreath rgilbreath@hpylaw.com 2/16/2024 3:33:11 PM SENT