Terry Randall v. Herbert J. Walker D/B/A Walker Water Well And Walker Water Well Services, LLC

• Court: Court of Appeals of Texas
• Decided: July 21, 2015
• Docket: 03-15-00317-CV
• Status: Published

Opinion

ACCEPTED 03-15-00317-CV 6160704 THIRD COURT OF APPEALS AUSTIN, TEXAS 7/21/2015 3:04:14 PM JEFFREY D. KYLE CLERK CAUSE NO. 03-15-00317-CV

FILED IN 3rd COURT OF APPEALS IN THE THIRD COURT OF APPEALS AUSTIN, TEXAS AUSTIN, TEXAS 7/21/2015 3:04:14 PM JEFFREY D. KYLE Clerk RANDALL WALKER Appellant

VS.

HERBERT WALKER D/B/A, WALKER WATER WELLS; AND WALKER WATER WELL SERVICES, LLC., Appellees

From Cause No. 423-2441 In the 423rd Judicial District Court Bastrop County, Texas

APPELLANT'S FIRST OPPOSED MOTION TO ENLARGE THE TIME FOR FILING THEIR OPENING BRIEF

Craig Welscher State Bar No. 21 167200 S. Cory Sells State Bar No. 24075525 The Welscher Law Firm, P.C. 1111 North Loop West, Suite 702 Houston, Texas 77008 (7 13) 862-0800 - Telephone (7 13) 862-4003 - Facsimile Email: csells~,welscherlaw.com Attorneys for Appellant TO THE HONORABLE JUDGES OF SAID COURT:

COMES NOW TERRY RANDALL, the Appellant in the above-numbered

and styled appeal, by and through their counsel of record, S. Cory Sells, and

respectfully moves for an enlargement of forty-five (45) days for the filing of their

opening brief, and in support thereof would respectfully show unto the Court the

following:

1. Final Judgment in this matter was issued on June 1, 2015. Appellant's brief

is currently due on Wednesday, July 22,20 15.

2. Appellant's counsel, Mr. S. Cory Sells has been in and out of the hospital

over the last weekend do to a medical issue and is investigating with medical

professionals if surgery and future medical care is required. Unfortunately, this has

prevented him from dedicating the time necessary to Appellant's brief.

Furthermore, Appellant's opening brief will contest a JNOV which contested legal

and factual sufficiency of every item placed before the jury. Appellant's wishes to

have adequate time to fully brief all of these issues.

3. Accordingly, Appellant's counsel respectfully requests that the Court

enlarge the time for filing Appellant's opening brief by forty-five (45) days,

through and including September 5,20 15.

4. Appellant has attempted to contact counsel for Appellees regarding their

opposition to this request but has yet to hear back from opposing counsel. PRAYER

Wherefore, premises considered, the Appellant, Randall Walker, prays that

the Court enlarge the deadline for the filing of their opening brief by forty-five (45)

days, through and including September 5,20 15.

Respectfully submitted,

IS/ S. Cory Sells Craig Welscher State Bar No. 21 167200 S. Cory Sells State Bar No. 24075525 The Welscher Law Firm, P.C. 1111 North Loop West, Suite 702 Houston, Texas 77008 (7 13) 862-0800 - Telephone (7 13) 862-4003 - Facsimile Email: csells~,welscherlaw.com Attorneys for Appellant CERTIFICATE OF CONFERENCE

The undersigned sent emails to and left two telephone messages with Mr. Alex Metcalf about this Motion on July 20 and 2 1,2015, and Mr. Alex Metcalf did not respond to either message or email. Appellant's counsel is assuming he is opposed based upon his non-response. IS/ S. Cory Sells S. Cory Sells

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing instrument was forwarded to all known counsel of record in the manner required by Texas Rule of Appellate Procedure 9.5, on this the 2 1st day of July, 20 15.

Via Electronic Service Alex Metcalf 807 Pecan Street Bastrop, Texas 78602 IS/ S. Cory Sells S. Cory Sells T HE W ELSCHER LAW FIRM A P ROFESSIONAL C ORPORATION A T T O R N EYS A T L A W i

CRAIG WELSCHER 1111 North Loop West, Suite 702 Tel: (713) 862-0800 SHAREHOLDER Houston, Texas 77008 Fax: (713) 862-4003

July 21, 2015

Via ProDoc Electronic Filing Jeffrey D. Kyle, Clerk 3rd Court of Appeals P.O. Box 12547 Austin, Texas 78711-2547

Re: Court of Appeals Number:03-15-00317-CV Trial Court Case Number: 423-2441;Terry Randall v. Herbert J. Walker d/b/a Walker Water Well; and Walker Water Well Services, LLC

Honorable Clerk: Enclosed please find following: Appellant*s First Unopposed Motion to Enlarge the time for Filing their Opening Brief

Should you have any questions regarding the enclosed, please contact our office. Thank you for your assistance in this matter.

Very truly yours,

THE WELSCHER LAW FIRM

Connie Gilbert /e/ Connie Gilbert, Paralegal to Craig Welscher service@welscherlaw.com

CCG//pld Enclosures: As Stated cc: Via Facsimile: (512) 303-6766 and/or Via Electronic Mail: alex@lostpineslawyer.com Alex Metcalf Attorney at law 807 Pecan Street Bastrop, Texas 78602