ACCEPTED
03-14-00608-CV
4082466
THIRD COURT OF APPEALS
AUSTIN, TEXAS
2/9/2015 9:01:28 PM
JEFFREY D. KYLE
CLERK
No. 03-14-00608-CV
Linda S. Nowlin, § IN THE THIRD FILED IN
3rd COURT OF APPEALS
Appellant, § AUSTIN, TEXAS
§ 2/9/2015 9:01:28 PM
v. § COURT OF APPEALS
JEFFREY D. KYLE
§ Clerk
Lori Keaton, §
Appellee. § AUSTIN, TEXAS
APPELLEE'S FIRST MOTION TO EXTEND TIME TO FILE BRIEF
Appellee asks the Court to extend the time to file her brief.
A. INTRODUCTION
1. Appellant is Linda Nowlin; appellee is Lori Keaton.
2. There is no specific deadline to file this motion to extend time. See Tex. R.
App. P. 10.5(b)(1)(A); Tex. R. App. P. 38.6(d).
3. This Court has authority to extend the time for Appellee to file her brief. See
Tex. R. App. P. 38.6(d).
B. BACKGROUND, ARGUMENT, & AUTHORITIES
4. Appellee requests a one week extension to file Appellee's brief so that
Appellee's brief will be due on Tuesday, February 17, 2015 (Monday,
February 16, 2015 is President's Day, a state and federal holiday). See Tex.
Cause No. 03-14-00608-CV
Linda S. Nowlin v. Lori Keaton
Appellee's First Motion to Extend Time to File Brief Page 2 of 3
R. App. P. 10.5(b)(1)(B).
5. Appellee's brief is due on Monday, February 9, 2015. See Tex. R. App. P.
10.5(b)(1)(A).
6. Appellee requests this extension because Appellee and Appellee's counsel
require additional time to prepare Appellee's brief. Due to no fault of
Appellee, Appellee and Appellee's counsel have been unable to meet to
discuss Appellant's brief in detail and wish to do so before Appellee files her
brief. See Tex. R. App. P. 10.5(b)(1)(C).
7. Appellee has not requested and the Court has not granted any previous
extensions for Appellee to file her brief. See Tex. R. App. P. 10.5(b)(1)(D).
8. Appellee conferred with Appellant's counsel on Monday, February 9, 2015
about Appellee's First Motion to Extend Time to File her Brief. Appellant
does not support Appellee's First Motion to Extend Time to File her Brief
and, therefore, Appellee is unable to submit this Motion as an Agreed
Motion. However, Appellant stated that she would not oppose the motion.
See Tex R. App. P. 10.1(a)(5).
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Cause No. 03-14-00608-CV
Linda S. Nowlin v. Lori Keaton
Appellee's First Motion to Extend Time to File Brief Page 3 of 3
C. PRAYER
9. For these reasons, Appellee asks the Court to grant Appellee's First Motion
to Extend Time to File her Brief until Tuesday, February 17, 2015.
` Respectfully submitted,
/s/ Robby Abarca
Robby P. Abarca
Texas Bar No. 24043515
P.O. Box 152547
Austin, Texas 78715
Tel. (512) 318-4277
Fax (512) 697-2832
rpabarca@abarcalawfirm.com
ATTORNEY FOR APPELLEE,
LORI KEATON
CERTIFICATE OF CONFERENCE
I certify that I personally conferred with Mr. David Nowlin, attorney for
Appellant, on February 9, 2015. Mr. Nowlin stated that Appellant did not support
the Appellee's First Motion to Extend Time to File Brief; however, he also stated
that Appellant would not oppose the Appellee's First Motion to Extend Time to File
Brief.
/s/Robby Abarca
Robby P. Abarca
CERTIFICATE OF SERVICE
I certify that a copy of Appellee's First Motion to Extend Time to File Brief,
was served on Appellant, Linda Nowlin, through her counsel of record, Mr. David
A. Nowlin, 7301 RR 620 North, Ste. 155, 319, Austin, Texas 78726-4537 by
electronic service (davidnowlin@me.com) on February 9, 2015 after 5 p.m. (local
time of the recipient).
/s/Robby Abarca
Robby P. Abarca