ACCEPTED
05-14-01579-CV
FIFTH COURT OF APPEALS
DALLAS, TEXAS
3/18/2015 5:04:30 PM
LISA MATZ
CLERK
No. 05-14-01579-CV
FILED IN
IN THE COURT OF APPEALS 5th COURT OF APPEALS
DALLAS, TEXAS
FOR THE FIFTH DISTRICT OF TEXAS 3/18/2015 5:04:30 PM
AT DALLAS LISA MATZ
Clerk
DAVID BAGWELL, INDIVIDUALLY AND AS TRUSTEE OF THE DAVID BAGWELL
TRUST, AND MARILYN D. GARNER, CHAPTER 7 TRUSTEE OF THE ESTATE OF THE
DAVID BAGWELL COMPANY AND TRUSTEE OF THE ESTATE OF EVERMORE
COMMUNITIES, LTD.,
Appellants,
v.
BBVA COMPASS AND SAM MEADE
Appellees.
On Appeal from the 101st District Court
Dallas County, Texas
UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE APPELLANT’S BRIEF
TO THE HONORABLE COURT OF APPEALS:
Pursuant to TEX. R. APP. P. 10.5(b) and 38.6(d). Appellant Marilyn D.
Garner, Chapter 7 Trustee of the estate of the David Bagwell Company and
Trustee of the Estate of Evermore Communities, Ltd., file this Unopposed Motion
for Extension of Time to File Appellant’s Brief. In support of the 14-day
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extension requested in this motion, Appellant would respectfully show the Court
the following:
1. On February 18, 2015, the Court granted Appellants’ request for an
extension of 30 days to file their brief, making the due date March 23, 2015. For
the folowing reasons, Appellants request an additional extension of 14 days to
file their brief, making the new due date April 6, 2015.
2. The undersigned, Appellant’s lead appellate counsel, has been and
will be involed in other matters that necessitate an extension, including:
a. Preparation for and attendance in mediation on on March 6, 2015 in
EXCO Resources Inc. v. United Rentals, Inc.; 3:13-CV-00897; United States District
Court for the Northern District of Texas, Dallas Division;
b. Preparation for and attendance in the deposition of Kent Gatzki on
March 18, 2015 in Wasserman, et al. v. Dondero, et al.; DC-13-06074; 191st Judicial
District Court, Dallas County; and
c. Preparation for and attendance in the deposition of James Dondero
on March 23, 2015 in Wasserman, et al. v. Dondero, et al.; DC-13-06074; 191st
Judicial District Court, Dallas County.
3. Because these and other scheduling conflicts, the undersigned
believes that a 14-day extension will be necessary in order to prepare and
adequate brief in this case.
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WHEREFORE, Appellant Marilyn D. Garner, Chapter 7 Trustee of the
estate of the David Bagwell Company and Trustee of the Estate of Evermore
Communities, Ltd., respectfully prays that the Court grant this unopposed
motion and extend the time to file Appellant’s Brief to April 6, 2015.
Respectfully submitted,
Patrick W. Powers
State Bar No. 24013351
patrick@powerstaylor.com
Peyton J. Healey
State Bar No. 24035918
peyton@powerstaylor.com
POWERS TAYLOR LLP
8150 North Central Expressway
Suite 1575
Dallas, Texas 75206
Phone: 214.239.8900
Fax: 214.239.8901
Attorneys for Appellant Marilyn D. Garner,
Chapter 7 Trustee of the estate of the David
Bagwell Company and Trustee of the Estate of
Evermore Communities, Ltd.
CERTIFICATE OF CONFERENCE
On March 18, 2015, the undersigned confered with Jeffrey Seeburger,
counsel for Appellees, and Jeffrey Hall, counsel for co-Appellants, regarding this
motion. Both counsel stated that their clients do not oppose the requested
extension of time to file the Appellant’s Brief.
/s/ Peyton J. Healey
Peyton J. Healey
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the
foregoing document has been served upon the following counsel of record, on
this the 18th day of March 2015, as follows:
VIA ELECTRONIC FILING SERVICE
Michael Logan
Jeffrey Seeburger
Victoria Nsikak
KANE RUSSELL COLEMAN & LOGAN PC
1601 Elm Street
3700 Thanksgiving Tower
Dallas, Texas 75201
VIA ELECTRONIC FILING SERVICE
Jeffrey S. Levinger
Levinger PC
1445 Ross Avenue, Suite 2500
Dallas, Texas 75202
VIA ELECTRONIC FILING SERVICE
Jeffrey T. Hall
Attorney at Law
2200 Ross Avenue, Suite 5350
Dallas, Texas 75201
/s/ Peyton J. Healey
Peyton J. Healey
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David Bagwell, Individually and as Trustee of the David S. Bagwell Trust v. BBVA Compass, Sam Meade, and Marilyn D. Garner, Chapter 7 Trustee of the Estate of the David Bagwelll Company and Trustee of the Estate of Evermore Communities, LTD.
Combined Opinion