Texas Jewelers Association, Rex Solomon, and Brad Koen v. Ann Glynn

Opinion

ACCEPTED 03-17-00771-CV 21107254 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/6/2017 8:43 AM JEFFREY D. KYLE CLERK No. 03-17-00771-CV _______________________________________________________________ FILED IN 3rd COURT OF APPEALS THIRD COURT OF APPEALS AUSTIN, TEXAS AUSTIN, TEXAS 12/6/2017 8:43:46 AM _______________________________________________________________ JEFFREY D. KYLE Clerk Texas Jewelers Association, Rex Solomon, and Brad Koen, Appellants v.

Ann Glynn, Appellee __________________________________________________________________

Appeal from the 98th Judicial District Court, Travis County, Texas, Cause No. D-1-GN-17-005031 ___________________________________________________________________

APPELLANTS’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ BRIEF ___________________________________________________________________

TO THE HONORABLE THIRD COURT OF APPEALS:

Appellants Texas Jewelers Association, Rex Solomon and Brad Koen,

pursuant to Tex. R. App. P. 38.6(d), respectfully file this Motion for Extension of

Time to File Brief, requesting additional time to file their Appellants’ Brief, and in

support would show the following:

1. Appellants’ brief is due on December 20, 2017. Tex. R. App. P.

10.5(b)(1)(A). Appellants seek an extension of 30 days from that date to January

19, 2018. Tex. R. App. P. 10.5(b)(1)(B).

APPELLANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS' BRIEF – Page 1 5797875 v1 (70638.00002.000) 2. Pursuant to Tex. R. App. P. 10.5(b)(1)(C), this extension of time to

file Appellants’ brief is requested because the undersigned counsel for all three

Appellants, Michael A. Logan and Kenneth C. Riney, began a jury trial on

December 5, 2017, that is expected to take two to three weeks to complete. The

case is styled David Bagwell, Individually and as Trustee of the David S. Bagwell

Trust; Broughton Limited Partnership; Old Grove Limited Partnership; Broadland

Limited Partnership; Marilyn D. Garner, Chapter 7 Trustee of the Estate of the

David Bagwell Company and Trustee of the Estate of Evermore Communities, Ltd.

v. BBVA Compass and Sam Meade, Cause No. DC-14-00991 in the 101st Judicial

District Court of Dallas County, Texas.

3. Given this trial setting and the Christmas holiday the following week,

Movants request this extension of time to adequately prepare Appellants’ brief,

including coordinating preparation of an anticipated combined brief with co-

counsel for Appellant Rex Solomon, Chamberlain McHaney.

4. No previous extensions have been requested or granted related to an

extension of time to file Appellants’ brief. Tex. R. App. P. 10.5(b)(1)(D).

5. This request is not for delay only, but that justice may be done.

APPELLANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS' BRIEF – Page 2 5797875 v1 (70638.00002.000) 6. The undersigned attorney for Appellants has conferred with counsel

for Appellee, Dennis Richard, and he does not oppose this requested extension.

Tex. R. App. P. 10.1(a)(5). Appellants are agreeable to a similar extension for

Appellee's brief.

WHEREFORE, Appellants Texas Jewelers Association, Rex Solomon and

Brad Koen respectfully request the Court to grant this Appellants’ Unopposed

Motion for Extension of Time to File Appellants’ Brief.

Respectfully submitted,

KANE RUSSELL COLEMAN LOGAN PC

By: /s/ Kenneth C. Riney Michael A. Logan State Bar No. 12497500 E-mail: mlogan@krcl.com Kenneth C. Riney State Bar No. 24046721 E-mail: kriney@krcl.com 3700 Thanksgiving Tower 1601 Elm Street Dallas, Texas 75201 Telephone: (214) 777-4200 Facsimile: (214) 777-4299

ATTORNEYS FOR APPELLANTS TEXAS JEWELERS ASSOCIATION, REX SOLOMON AND BRAD KOEN

APPELLANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS' BRIEF – Page 3 5797875 v1 (70638.00002.000) Tim Poteet tpoteet@chmc-law.com State Bar No. 16170300 J. Gordon McHaney gmchaney@chmc-law.com State Bar No. 13670100 CHAMBERLAIN ♦ MCHANEY 301 Congress, 21st Floor Austin, Texas 78701

ATTORNEYS FOR APPELLANT REX SOLOMON

CERTIFICATE OF CONFERENCE

The undersigned hereby certifies he has conferred with counsel for Appellee Ann Glynn, Dennis L. Richard, regarding the relief requested in this Appellants’ Motion for Extension of Time to File Appellants’ Brief, and he is unopposed. Tex. R. App. P. 10.1(a)(5).

/s/ Kenneth C. Riney Kenneth C. Riney

APPELLANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS' BRIEF – Page 4 5797875 v1 (70638.00002.000) CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of foregoing has been served upon counsel of record by electronic court filing and/or electronic mail on this 6th day of December 2017.

DENNIS.RICHARD@KENNARDLAW.COM Dennis L. Richard State Bar No. 16842600 Kennard Richard PC 100 N.E. Loop 410, Suite 610 San Antonio, TX 78216 (210) 314-5688 (210) 314-5687 facsimile Attorney for Appellee Ann Glynn

/s/ Kenneth C. Riney Kenneth C. Riney

APPELLANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS' BRIEF – Page 5 5797875 v1 (70638.00002.000)