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

Opinion

ACCEPTED 03-15-00317-CV 7907203 THIRD COURT OF APPEALS AUSTIN, TEXAS 11/19/2015 1:54:06 PM JEFFREY D. KYLE CLERK NO. 03-15-00317-CV

TERRY RANDALL § IN THE THIRD DISTRICT Appellant, § FILED IN 3rd COURT OF APPEALS § AUSTIN, TEXAS V. § COURT OF APPEALS 11/19/2015 1:54:06 PM § JEFFREY D. KYLE HERBERT J WALKER dba § Clerk WALKER WATER WELL; and § WALKER WATER WELL § SERVICES, LLC § Appellee. § AUSTIN, TEXAS

APPELLEE’S MOTION FOR EXTENSION OF TIME TO FILE BRIEF

Appellee Herbert Walker files this Motion for Extension of Time to File

Brief pursuant to TEX. R. APP. P. 38.6(d) and would respectfully show:

Appellant filed his brief on September 29, 2015, making Appellee’s brief

due on October 29, 2015. However, Appellant mistakenly failed to perfect service

of his brief on Appellee. Appellee first obtained a copy of Appellant’s brief on

November 18, 2015, after receiving a notice from the Clerk that Appellee’s brief

was past due. Appellee is requesting an extension of 50 days of the original

deadline, which would make Appellee’s brief due on December 18, 2015. Such an

extension would allow Appellee 30 days from the date he actually received

Appellant’s brief in which to file, as contemplated by TEX. R. APP. P. 38.6(b). No

previous extension has been granted regarding Appellee’s brief. This extension of

time is not sought for the purposes of delay, but so that justice may be done. Respectfully submitted,

Alex Metcalf 807 Pecan Street Bastrop, Texas 78602 Tel: (512) 303-6963 Fax: (512) 303-6766 Email: rule21a@lostpineslawyer.com

By: /s/ Alex Metcalf Alex Metcalf State Bar No. 24058000 Attorney for Herbert Walker

Certificate of Conference

As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I have conferred, or made a reasonable attempt to confer, with all other parties—which are listed below—about the merits of this motion with the following results:

Party: Terry Randall Lead attorney: S. Cory Sells Result: Agreed to the requested extension.

By: /s/ Alex Metcalf Alex Metcalf Attorney for Appellee

Certificate of Service

I certify that a true copy of this Motion to Extend Time was served in accordance with rule 9.5 of the Texas Rules of Appellate Procedure on each party or that party's lead counsel as follows:

Party: Terry Randall Lead attorney: S. Cory Sells Address: 1111 North Loop West, Suite 702, Houston, Texas 77008 Method of service: by fax Date of service: November 19, 2015