James David Horton and Jeffrey Horton v. Kimberly A. Stovall Individually, and Stovall & Associates, P.C.

ACCEPTED 05-14-01477-CV FIFTH COURT OF APPEALS DALLAS, TEXAS NO. 05-14-01477-CV 1/27/2015 11:38:13 AM IN THE COURT OF APPEALS LISA MATZ CLERK FOR THE FIFTH COURT OF APPEALS AT DALLAS, TEXAS JAMES DAVID HORTON AND JEFFERY HORTON FILED IN 5th COURT OF APPEALS Appellants, DALLAS, TEXAS 1/27/2015 11:38:13 AM v. LISA MATZ Clerk KIMBERLY A. STOVALL, INDIVIDUALLY, AND STOVALL AND ASSOCIATES, PC Appellees. On Appeal from the 191" Judicial District Court, Dallas County, Texas NO. DC-13-04197-J, The Honorable Jena Slaughter, Presiding UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS' BRIEF TO THE HONORABLE JUDGES OF THE COURT OF APPEALS: COMES NOW, James David Horton and Jeffery Horton, Appellants in the above styled cause, and file this, their Unopposed Motion to Extend the Time to File Appellants' Brief, and for such would respectfully show this Court as follows. I. The deadline for filing Appellants' Brief is February 2, 2015. II. Appellants respectfully request that this Court grant an extension of time for the filing of Appellants' Brieffor a period approximately 21 days or until February 23, 2015. III. This extension is not sought solely for the purpose of delay but to enable counsel to research and prepare a brief with a clear presentation of the issues involved. No previous extensions have been sought with respect to the filing of Appellants' Brief. Appropriate time must be allowed for counsel to examine the record and issues in this case. Appellants' counsel has two trial settings in District Court in Dallas County, Texas and UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS' BRIEF-Page fl Bexar County, Texas on February 2, 2015. One of these cases is likely to go to trial. In addition, Appellants' counsel is working on three briefs pertaining to expedited appeals in this Court. Counsel for Appellants has conferred with opposing counsel and counsel for the Appellees has informed counsel for the Appellants that this motion is unopposed. IV. Pursuant to the Texas Rules of Civil Procedure, Appellants respectfully request an extension of time for the filing of Appellants' Brief up to and including February 23,2015. WHEREFORE, PREMISES CONSIDERED, Appellants respectfully pray this Court grant Appellants an extension of time to file Appellants' Brief in this cause. Respectfully submitted, Law Office of Lawrence L. Mealer 5353 Maple Avenue, Suite 100 Dallas, Texas 75235 TEL: (214 634-0771 FAX: 4) 6 - ~65 i ' Attorney for Appellants CERTIFICATE OF CONFERENCE I hereby certify that the undersigned counsel has conferenced in good faith with counsel for Appellee on the 22"d day of January, 2015 and that co h/. I for Appelle1 unopposed to the Motion for Extension of Time to File Appellants' Brief. V ut{ J w~ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS' BRIEF-Page f 2 CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the above and foregoing instrument has been served via facsimile upon the attorneys for the Appellee on this 271h day of January, 2015: Tom C. Clark Dealy, Zimmerman, Clark, Malouf & Blend, PC 3131 Turtle Creek Blvd., Ste.1201 Dallas, Texas 75219 FAX: (214) 559-4466 Todd S. Spickard Spickard Law PC 3131 Turtle Creek Blvd., Ste. 300 Dallas, Texas 75219 FAX: (214) 276-7553 UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS' BRIEF-Page I3