ACCEPTED
07-15-00026-cv
SEVENTH COURT OF APPEALS
AMARILLO, TEXAS
5/4/2015 3:15:15 PM
Vivian Long, Clerk
Case No. 07-15-00026-CV
FILED IN
IN THECOURTOFAPPEALSFOR THE 7th COURT OF APPEALS
AMARILLO, TEXAS
SEVENTHDISTRICTOFTEXAS 5/4/2015 3:15:15 PM
VIVIAN LONG
CLERK
HAVEN LANE, LP,
Plaintiff/Appellant,
V.
MID-CENTURY INSURANCE CO. AND PARK MOYER,
Defendants/Appellees.
ON APPEAL FROM CAUSE NO. 13-0730-C368
368TH DISTRICT COURT, WILLIAMSON COUNTY, TEXAS
VERIFIED AND UNOPPOSED EMERGENCY MOTI ON
FOR A DDI TI ONA L TIME TO FILE APPELLANT'S BRIEF
TO THE HONORABLE COURT OF APPEALS:
Counsel for Appellant, Haven Lane, LP, hereby files the present Verified and
Unopposed Emergency Motion for Additional Time to File Appellant's Brief.
Since this Honorable Court granted Plaintiff until May 4, 2015 to file its Appellate
Brief, and as explained in detail within the following paragraphs, new additional
and completely unforeseeable circumstances have arisen, which make the present
request necessary. Ultimately, Appellant is seeking an additional thirty (30) day
extension for the filing of its appellate brief, which presently has a deadline of
May 4, 2015 (today). This request, if granted, would allow Appellant until June 3,
2015 for such filing.
As with Appellant's's previous request, the present extension, which is
completely unopposed by counsel for appellee, is simply made necessary due to
unfortunate circumstances beyond counsel's control. Specifically, counsel's
primary legal assistant, Denise Novak, who is instrumental in all activities leading
up to the filing of this anticipated brief, had previously underwent a surgical
procedure in early March, which required her to be out of the office and in
recovery until the middle of April, 2015. This absence was the basis for Plaintiff's
original request for an extension. However, this situation recently and
unexpectedly worsened, and has made the present filing necessary.
Specifically, on Sunday evening, May 3, 2015, just one day before
Appellant's brief was due, Ms. Novak informed Appellant's counsel that she would
no longer be working at The Voss Law Firm, P.C. This news came as an
unexpected and unfortunate shock to counsel, who was relying on Ms. Novak to
assist in finalizing the filing activities related to Appellant's final product. Her
permanent absence now gives rise to additional issues, including the hiring of
additional staff, which is necessitated by her departure. All such exercises,
immediately thrust upon counsel, makes compliance with today's deadline of filing
literally impossible.
Accordingly, counsel has requested a thirty (30) day extension to file its
brief, so that upon additional assistance being secured, adequate time is given to
allow all related activities to take place. As counsel has communicated to the
attorneys for the Appellee, no delay is intended from the motion, as it is simply due
to unfortunate circumstances beyond counsel's control. Appellant humbly submits
that such equates t o good cause for this request under Texas Law. See Curly v.
Clayton, 715 S.W. 2nd 77, 79 (Tex. App. --Dallas 1986, no writ).
Once again, appellee's counsel has been informed as of the filing of the
unopposed motion for extension, and has no opposition to the request or the length
of the extension sought. Accordingly, appellant respectfully requests this
Honorable Court grant it's motion for extension of time to file its brief,
and permit the same to be filed on or before June 3, 2015. Appellant further
requests this Honorable Court to grant all other relief as would be appropriate, and
as justice would require under the present circumstances.
Respectfully submitted,
Is/ Scott G. Hunziker
Scott G. Hunziker
Texas Bar No. 24032446
The Voss Law Firm, P.C.
26619 Interstate 45
The Woodlands, Texas 77380
Telephone: (713) 861-0015
Facsimile: (713) 861-0021
scott(i4vosslawlinn.com
ATTORNEY FOR APPELLANT
DATED this 4th day of May, 2015.
Haven Lane, LP, Appellant
By: Is/ Scott G. Hunziker
Bill L. Voss
Scott G. Hunziker
THE Voss LAW FIRM PC
The Voss Law Center
26619 Interstate 45
The Woodlands, Texas 77380
Telephone: (713) 861-0015
Facsimile: (713) 861-0021
scotWvosslawfirm.com
Attorneys for Plaintiff/Appellant
CERTIFICATE OF CONFERENCE
As required by the Texas Rules of Appellate Procedure 10.1(a)(5), I certify
that I have conferred on May 4, 2015 with all other parties - which are listed
below - about the merits of this motion with the following results:
MARTIN, DISIERE, JEFFERSON & WISDOM
Christopher Martin
Las Cimas IV
900 S. Capital of TX Hwy., Ste. 425
Austin, Texas 78746
FREEMON & MILLER, P.A.
8381 Gunn Highway
Tampa, Florida 33626
(813)926-0777 telephone
(813)926-1777 facsimile
SNEED, VINE & PERRY
Wayne E. Sanders
iv
Kathryn Gleghom
1104 S. Church Street
Georgetown, Texas 78626
Telephone: (512) 930-9775
Facsimile: (512) 819-9707
o opposes motion
X does not oppose motion
o agrees with motion
o would not say whether motion is opposed
Is/ Scott G. Hunziker
Scott G. Hunziker
4
CERTIFICATE OF SERVICE
hereby certify that on May 4, 2015, a true and correct copy of the foregoing
was served on all counsel of record Texas Rules of Civil Procedure as follows:
MARTIN, DISIERE, JEFFERSON & WISDOM
Christopher Martin
Las Cimas IV
900 S. Capital of TX Hwy., Ste. 425
Austin, Texas 78746
FREEMON & MILLER, P.A.
8381 Gunn Highway
Tampa, Florida 33626
(813)926-0777 telephone
(813)926-1777 facsimile
SNEED, VINE & PERRY
Wayne E. Sanders
Kathryn Gleghorn
1104 S. Church Street
Georgetown, Texas 78626
Telephone: (512) 930-9775
Facsimile: (512) 819-9707
/s/ Scott G. Hunziker
SCOTT G. HUNZIKER
By: o personal delivery
X mail and email
o commercial delivery service
o fax
Scott G. Hunziker
vi
VERIFICATION
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
Before me, the undersigned notary, on this day personally appeared Scott
Hunziker, the affiant, a person whose identity is known to me. After I administered
an oath to affiant, affiant testified:
My name is Scott Hunziker. I am capable of making this verification. I
have read Appelant's Verified and Unopposed Emergency Motion for Additional
Time t o File Appellant's Brief. T h e facts stated in i t are within my personal
knowledge and are true and correct.
))')A\-kr\--
Scott Hunziker
Sworn to and subscribed before me by Scott iiit z ik er on May 4, 2015.
•F-0-?• KARENSHADBOLT '7 ,1,4,/ 4a49,
•- s N otar y Public. State of Texas
My Commission Expires Notary Public in and for
September 30, 2017
the State o f TEXAS
My Commission Expires: