Wesley Spears and Renee Jacobs v. Falcon Pointe Community Homeowner's Association

Opinion

ACCEPTED 03-14-00650-CV 4915901 THIRD COURT OF APPEALS AUSTIN, TEXAS 4/16/2015 12:51:56 PM JEFFREY D. KYLE CLERK No. 03-14-00650-CV _______________________________________________________________ FILED IN 3rd COURT OF APPEALS IN THE THIRD COURT OF APPEALS AUSTIN, TEXAS AUSTIN, TEXAS 4/16/2015 12:51:56 PM JEFFREY D. KYLE _______________________________________________________________ Clerk

Wesley Spears and Renee Jacobs, Appellants v.

Falcon Pointe Community Homeowners’ Association Appellee _______________________________________________________________

Appeal from County Court at Law No. 1 of Travis County, Texas, Cause No. C-1-CV-13-010214 _______________________________________________________________

Motion for Extension of Time to File Appellee’s Brief _______________________________________________________________

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:

Appellee Falcon Pointe Community Homeowners’ Association files this

Motion for a 7-Day Extension of Time to file its Appellee’s Brief.

Appellee’s Brief is currently due on April 17, 2015. Appellee respectfully

requests a 7-day extension of time, which would extend the deadline for filing its

brief to Friday, April 24, 2015. This is Appellee’s first motion for extension of

time to file its brief. Appellants are unopposed to this motion.

Appellee’s counsel needs additional time to prepare the Appellee’s brief because concurrently with preparing Appellee’s brief, Appellee’s counsel has been

preparing for trial, which begins on Monday April 20, 2015, in Mario Martinez, et

al. v. Texas American Resources Company; No. D-1-GN-14-001240; in the 353rd

Judicial District Court of Travis County, Texas. Appellee’s counsel also needs

additional time because of time spent complying with the following concurrent

deadlines:

 Alfredo Lopez v. Rafael Hinojosa Lujan, Jr., et al.; No. D-135,761; in the

358th Judicial District of Ector County, Texas (preparation and filing of

pretrial motions and briefing for trial that was scheduled to begin on May

5, 2015 but was continued on April 14, 2015);

 GTC Auto Sales v. Florist’s Mutual Insurance Company; No. 2014-

001738-3; in the County Court at Law No. 3 of Tarrant County, Texas

(preparation of motion to modify the judgment that was due on April 2,

2015); and

 Patricia De Leon v. Robert Winston Sutton, et al.; No. 2014-806-5; in the

414th Judicial District of McLennan County, Texas (preparation of

motion to exclude expert testimony that was due on April 9, 2015).

WHEREFORE, Appellee Falcon Pointe Community Homeowners’ Association

respectfully requests a 7-day extension of time to file its Appellee’s brief on

Friday, April 24, 2015.

2 Respectfully submitted, By: /s/ David J. Campbell DAVID E. CHAMBERLAIN State Bar No. 04059800 dchamberlain@chmc-law.com DAVID CAMPBELL State Bar No. 24057033 dcampbell@chmc-law.com Counsel for Appellee

CERTIFICATE OF CONFERENCE On the morning of Thursday, April 16, 2015, I personally emailed Appellants’ counsel, and Appellants’ counsel responded that he is unopposed to this motion.

/s/ David J. Campbell David J. Campbell

3 CERTIFICATE OF SERVICE I certify that a true and correct copy of the above and foregoing document has been served via electronic service on the following counsel for Appellants on this 16th day of April, 2015:

Wesley Spears ATTORNEY AT LAW 401 Congress Avenue Suite 1501 Austin, Texas 78701 512/696-2222 512/687-3499 (fax) SBN: 18898400 wesleys637@yahoo.com

Counsel for Appellants

/s/ David J. Campbell David J. Campbell