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

Opinion

ACCEPTED 03-15-00292-CV 6703962 THIRD COURT OF APPEALS AUSTIN, TEXAS 8/28/2015 2:29:36 PM JEFFREY D. KYLE CLERK No. 03-15-00292-CV

FILED IN 3rd COURT OF APPEALS In the Third Court of Appeals AUSTIN, TEXAS Austin, Texas 8/28/2015 2:29:36 PM JEFFREY D. KYLE Clerk

THE CITY OF AUSTIN, Defendant – Appellant

v.

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

Appeal from Cause No. D-1-GN-12-003557 53rd Judicial District Court of Travis County, Texas

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S REPLY BRIEF

RESPECTFULLY SUBMITTED, ANNE L. MORGAN, INTERIM CITY ATTORNEY MEGHAN L. RILEY, CHIEF, LITIGATION 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

COUNSEL FOR DEFENDANT - APPELLANT TO THE HONORABLE JUSTICES OF THIS COURT:

Appellant the City of Austin asks the court to extend the time to file

Appellant’s Reply Brief pursuant to Rule 10.5(b), Texas Rules of Appellate

Procedure, and in support respectfully shows:

1. Appellees are Jennifer Frame, Individually, and as Personal

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

and Diana Pulido.

2. This motion is filed within the 15-day time period to file a motion to

extend the time to file Appellant’s Reply Brief, as required by Texas Rule of

Appellate Procedure 6.6.

3. All parties have agreed to this motion.

4. Appellant’s Reply Brief presently is due on September 15, 2015,

occasioned by two (2) agreed extensions of time to file Appellees’ Brief which

were granted.

5. Appellant would show that its counsel’s was previously scheduled for

vacation next week, her case load and work requirements have been extremely

heavy during August 2015, and will remain as such through September including

another appellate brief.

6. This is the first extension requested. Appellant’s counsel requires

additional time to prepare Appellant’s Reply Brief herein and therefore requests

2 the same extension granted Appellees, a thirty (30) day extension to file

Appellant’s Reply Brief on October 15, 2015.

PRAYER FOR RELIEF

For the reasons set forth above, Appellant requests that this Court grant this

Unopposed Motion to Extend Time to file Appellant’s Reply Brief until October

15, 2015 and grant Appellant all such other relief to which it may be entitled.

RESPECTFULLY SUBMITTED,

ANNE L. MORGAN, INTERIM CITY ATTORNEY MEGHAN L. RILEY, CHIEF, LITIGATION

/s/ Chris Edwards 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

COUNSEL FOR DEFENDANT - APPELLANT

CERTIFICATE OF CONFERENCE

This is to certify that I have conferred with opposing counsel Sean Breen on

August 5, 2015, who agreed to the extension.

/s/ Chris Edwards CHRIS EDWARDS

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 Rules of Appellate Procedure, this

28th day of August, 2015.

Sean E. Breen State Bar No.00783715 sbreen@howrybreen.com HOWRY BREEN & HERMAN, L.L.P. 1900 Pearl Street Austin, TX 78705-5408 Telephone: (512) 474-7300 Facsimile: (512) 474-8557

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 PLAINTIFFS - APPELLEES

/s/ Chris Edwards CHRIS EDWARDS Counsel for Defendant – Appellant