the City of Austin v. Jennifer Frame, Individually, and as Personal Representative of the Estate of John William Griffith Greg Griffith Cheryl Burris And Diana Pulido

Court of Appeals of Texas·Decided July 9, 2015·No. 03-15-00292-CV·Published

Opinion

ACCEPTED 03-15-00292-CV 6006954 THIRD COURT OF APPEALS AUSTIN, TEXAS 7/9/2015 4:52:35 PM JEFFREY D. KYLE CLERK No. 03-15-00292-CV FILED IN 3rd COURT OF APPEALS In the Third Court of Appeals AUSTIN, TEXAS 7/9/2015 4:52:35 PM Austin, Texas JEFFREY D. KYLE Clerk

THE CITY OF AUSTIN Appellant

V. JENNIFER FRAME, INDIVIDUALLY, AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOHN WILLIAM GRIFFITH, GREG GRIFFITH, CHERYL BURRIS AND DIANA PULIDO Appellee

APPEAL FROM CAUSE NO. D-1-GN-12-003557 RD

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ RESPONSE BRIEF

Sean E. Breen Mike Davis State Bar No. 00783715 State Bar No. 05549500 HOWRY BREEN & HERMAN, L.L.P. SLACK & DAVIS, L.L.P. 1900 Pearl Street 2705 Bee Cave Road, Suite 220 Austin, Texas 78705 Austin, Texas 78746 Telephone (512) 474-7300 Telephone (512) 795-8686 Facsimile (512) 474-8557(fax) Facsimile (512) 795-8787 sbreen@howrybreen.com mdavis@slackdavis.com

ATTORNEYS FOR APPELLEES APPELLEES’ MOTION FOR EXTENSION OF TIME TO FILE RESPONSE BRIEF

COME NOW Appellees, Jennifer Frame, Individually, and as Personal

Representative of the Estate of John William Griffith, Greg Griffith, Cheryl Burris

and Diana Pulido and files this Unopposed Motion for Extension of Time to File

Appellees’ Response Brief and in support thereof, would show as follows:

1. The current deadline for filing Appellees’ Response Brief is July 13,

2015.

2. Appellees seek a thirty-day extension to file their brief, making the

brief due on or before August 12, 2015.

3. The undersigned counsel has been heavily involved in numerous

highly complex matters in Federal and State Court, which necessitate this request.

This request is not for delay only.

4. This is the first request to extend the deadline for Appellees’ response

brief.

5. Counsel has conferred with Counsel for Appellant and she has no

objection and indicates the motion is unopposed.

WHEREFORE, Appellees respectfully ask the Court to grant the Motion to

Extend Time to File Appellees’ Response Brief so that Appellees’ response is due

on August 12, 2015 and to grant such other relief to which they may be entitled.

2 Respectfully submitted,

/s/ Sean E. Breen

Sean E. Breen State Bar No. 00783715 HOWRY BREEN & HERMAN, L.L.P. 1900 Pearl Street Austin, Texas 78705 (512) 474-7300 (512) 474-8557(fax) sbreen@howrybreen.com

Mike Davis State Bar No. 05549500 mdavis@slackdavis.com SLACK & DAVIS, L.L.P. 2705 Bee Cave Road, Suite 220 Austin, Texas 78746 Telephone: (512) 795-8686 Facsimile: (512) 795-8787

Counsel for Appellee

CERTIFICATE OF CONFERENCE

I hereby certify that on July 9, 2015 I conferred with Counsel for Appellant

regarding this motion and she does not oppose this motion.

/s/ Sean E. Breen Sean E. Breen

3 CERTIFICATE OF SERVICE

This is to certify that I have served a copy of the foregoing on all parties, or their attorneys of record, in compliance with the Appellate Rules of Civil Procedure, this 9th day of July, 2015.

Chris Edwards Assistant City Attorney State Bar No. 00789276 chris.edwards@austintexas.gov City of Austin - Law Department P.O. Box 1546 Austin, Texas 78767-1546 Telephone (512) 974-2419 Facsimile (512) 974-1311

/s/ Sean E. Breen Sean E. Breen

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THE CITY OF AUSTIN Appellant

V. JENNIFER FRAME, INDIVIDUALLY, AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOHN WILLIAM GRIFFITH, GREG GRIFFITH, CHERYL BURRIS AND DIANA PULIDO Appellee

APPEAL FROM CAUSE NO. D-1-GN-12-003557 RD

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ RESPONSE BRIEF

ATTORNEYS FOR APPELLEES APPELLEES’ MOTION FOR EXTENSION OF TIME TO FILE RESPONSE BRIEF

COME NOW Appellees, Jennifer Frame, Individually, and as Personal

Representative of the Estate of John William Griffith, Greg Griffith, Cheryl Burris

and Diana Pulido and files this Unopposed Motion for Extension of Time to File

Appellees’ Response Brief and in support thereof, would show as follows:

1. The current deadline for filing Appellees’ Response Brief is July 13,

2015.

2. Appellees seek a thirty-day extension to file their brief, making the

brief due on or before August 12, 2015.

3. The undersigned counsel has been heavily involved in numerous

highly complex matters in Federal and State Court, which necessitate this request.

This request is not for delay only.

4. This is the first request to extend the deadline for Appellees’ response

brief.

5. Counsel has conferred with Counsel for Appellant and she has no

objection and indicates the motion is unopposed.

WHEREFORE, Appellees respectfully ask the Court to grant the Motion to

Extend Time to File Appellees’ Response Brief so that Appellees’ response is due

on August 12, 2015 and to grant such other relief to which they may be entitled.

2 Respectfully submitted,

/s/ Sean E. Breen

Sean E. Breen State Bar No. 00783715 HOWRY BREEN & HERMAN, L.L.P. 1900 Pearl Street Austin, Texas 78705 (512) 474-7300 (512) 474-8557(fax) sbreen@howrybreen.com

Mike Davis State Bar No. 05549500 mdavis@slackdavis.com SLACK & DAVIS, L.L.P. 2705 Bee Cave Road, Suite 220 Austin, Texas 78746 Telephone: (512) 795-8686 Facsimile: (512) 795-8787

Counsel for Appellee

CERTIFICATE OF CONFERENCE

I hereby certify that on July 9, 2015 I conferred with Counsel for Appellant

regarding this motion and she does not oppose this motion.

/s/ Sean E. Breen Sean E. Breen

3 CERTIFICATE OF SERVICE

This is to certify that I have served a copy of the foregoing on all parties, or their attorneys of record, in compliance with the Appellate Rules of Civil Procedure, this 9th day of July, 2015.

/s/ Sean E. Breen Sean E. Breen

the City of Austin v. Jennifer Frame, Individually, and as Personal Representative of the Estate of John William Griffith Greg Griffith Cheryl Burris And Diana Pulido, (Tex. Ct. App. 2015).

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the City of Austin v. Jennifer Frame, Individually, and as Personal Representative of the Estate of John William Griffith Greg Griffith Cheryl Burris And Diana Pulido (the City of Austin v. Jennifer Frame, Individually, and as Personal Representative of the Estate of John William Griffith Greg Griffith Cheryl Burris And Diana Pulido) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.