ACCEPTED
03-14-00725-CV
3629068
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/31/2014 1:29:17 PM
JEFFREY D. KYLE
CLERK
No. 03-14-00725-CV
FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
In the Third Court of Appeals 12/31/2014 1:29:17 PM
Austin, Texas JEFFREY D. KYLE
Clerk
GEORGE GREEN AND GARLAN GREEN,
Appellants
v.
PORT OF CALL HOMEOWNERS ASSOCIATION, ET AL.,
Appellee
APPEAL FROM CAUSE NO. 18314
RD
33 JUDICIAL DISTRICT COURT OF LLANO COUNTY, TEXAS
HON. ALLAN GARRETT, PRESIDING
MOTION TO EXTEND TIME FOR FILING
APPELLANTS’ BRIEF
TO THE HONORABLE THIRD COURT OF APPEALS:
George Green and Garlan Green, the Appellants, move this court to grant an
extension of time to file Appellant's Brief and respectfully seeks such relief based
on the following:
1. The Order appeal from was entered on or about October 21, 2014.
The Notice of Appeal in this matter was filed on or about November 7, 2014
Motion to Extend Time to File Appellants’ Brief – Page 1
(mailbox rule). The Clerk’s Record was filed on or about December 12, 2014.
The Appellants’ Brief in this matter is due on or before January 2, 2015.
2. This extension of time is necessary because counsel for Appellants
was preparing for and in jury trial in Cause No. 10-2037; Gary Huebner, et al. v.
Memory Lane Event Center, LLC, et al.; In the 274th Judicial District Court, Hays
County, Texas, the Honorable Gary Steel, Presiding. This trial began on
November 10, 2014 and continued until settled and the jury dismissed on
December 10, 2014. Appellants’ counsel was also preparing for and in a hearing
in Hill County, Texas on December 11, 2014 in Cause No. 50,220; In the Interest
of Autika Riley, Ameress Delarosa, and Shaleigh Riley; In the 66th Judicial District
Court of Hill County, Texas, preparing from and in a bench trial on December 22,
1014 in Cause No. 14-037; In the Interest of Kaitlyn Maynard and Emma
Maynard; In the 207th Judicial District Court, Hays County, Texas and on
December 23, 2014 in mediation in Cause No. 12-0361; Janice Kolby as Guardian
of the Estate of Edna Moon v. Susan England and Casey Lee; In the 207th Judicial
District Court, Hays County, Texas
3. Because of these settings, counsel for Appellants has been unable to
adequately and appropriately prepare the brief in this appeal. This is the first
extension of time Appellant has sought for the filing of the Appellants’ Brief and
no additional requests for extension are expected from Appellants.
Motion to Extend Time to File Appellants’ Brief – Page 2
For these reasons, George Green and Garlan Green, Appellants, request that
this court render an order extending the time for filing Appellant's Brief to and
including January 12, 2015. Appellants also request any other relief to which they
may be entitled.
Respectfully submitted,
Law Office of David Junkin
15401 RR12, Suite 105
P.O. Box 2910
Wimberley, TX 78676
512/847-8600
512/847-8604 (fax)
________________________________________
David Junkin
State Bar No. 11058020
Attorney for Appellants, George and Garlan Green
CERTIFICATE OF CONFERENCE
This is to certify that Mr. Pringle, attorney for Appellee Port of Call
Homeowners Association, does not oppose this request.
________________________________
David Junkin
Motion to Extend Time to File Appellants’ Brief – Page 3
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this motion was served on
December 31, 2014, in the manner indicated below and on the following person(s):
VIA FACSIMILE OR EFILE
L. Hayes Fuller, III
Naman, Howell, Smith, & Lee, PLLC
P.O. Box 1470
Waco, TX 76703-1470
VIA FACSIMILE OR EFILE
Brantley Ross Pringle, Jr.
Heidi Coughlin
Wright & Greenhill, PC
221 West 6th Street, Suite 1800
Austin, TX 78701
________________________________
David Junkin
Motion to Extend Time to File Appellants’ Brief – Page 4