Sandra Ford and the Ruby and Annie Smith Family Partnership v. William Ruth, Judgment Creditor

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ACCEPTED 03-14-00460-CV 4636271 THIRD COURT OF APPEALS AUSTIN, TEXAS 3/25/2015 12:15:06 PM JEFFREY D. KYLE CLERK NO. 03-14-00460-CV FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS IN THE THIRD COURT OF APPEALS3/25/2015 12:15:06 PM SAN ANTONIO, TEXAS JEFFREY D. KYLE Clerk SANDRA FORD AND THE RUBY AND ANNIE SMITH FAMILY PARTNERSHIP, Appellant v. WILLIAM RUTH JUDGMENT CREDITOR Appel/ee On appeal from the 424th District Court, San Saba County, Texas Cause No. 9145 APPELLEE WILLIAM RUTH JUDGMENT CREDITOR'S SUPPLEMENTAL MOTION TO EXTEND TIME TO FILE RESPONSIVE BRIEF Frederick F. Hoelke Attorney at Law State Bar No. 09775600 26545 IH-10 West Boerne Texas 78006 fredhoelke@aol.com (210)-444-0999 Telephone (210)-787-3881 Facsimile APPELLEE'S SUPPLEMENTAL MOTION TO EXTEND TIME TO RESPOND TO APPELLANTS'S JOINT BRIEF TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES Appellee William Ruth, Judgment Creditor, hereinafter referred to as "Ruth" and files this Appellee' s motion to Extend Time to Respond to Appellant's Joint Brief, and in support would respectfully show: Appellants filed their Joint Brief on January 23, 2015. Appellee filed a motion to extend time on the 9th day of March, 2015 which was granted. Appellee's brief is due on the gth of April, 2015. Appelle' s responsive brief is substantially completed but cannot be completed in the time given by this court because of the issues below. Appellee requests additional time because of a setting in Tarrant County on the 26th day of March and unexpected health issues experienced by counsel's father. Appellee requests an additional 30 days to file the responsive brief. Robert P. Wilson, Counsel for Appellee, has closed his practice of law and has gone to work for a firm based in San Antonio, Corpus Christi and Houston and will no longer be associated with this file. A motion to withdraw, if not already filed, will be filed forthwith. 2 The undersigned counsel has taken over the majority of the practice of Mr. Wilson as of February 9, 2015. Counsel also is a joint caregiver to his ailing 93- year-old father which has required more time lately and therefore requires more time in order respond to the Joint Brief of the appellants. Counsel has had depositions, trial settings, trials and motion practice in addition to the duties described above which were a part of Mr. Wilson's practice which have taken a great deal of time in learning the files and the specific issues related thereto. Counsel has a trial scheduled on the 6th of April and another on the 13th day of April in Bexar County Civil Court as well as personal obligations associated with family and other community obligations through Easter which precludes him from addressing this appeal. Counsel believes that the April 6th 2015 trial will be passed; however, the 13th setting, Jackson Motors v. Pumpco, et al, is a firm setting. Counsel simply needs more time and is unable to properly address the issues which are raised by Appellant's Joint Brief. 3 Respectfully Submitted, LAW OFFICES OF FREDERICK F. HOELKE By: VERIFICATION Before the undersigned authority personally appeared Frederick F. Hoelke who upon his oath declared: Subscribed and sworn before me this -1.S-'~ day of March 2015 ''''''~";11111 LINDA J KILLIAN f-~~ ..·~\ .l.1"<'"'"" ~·· • ·y·~ Notary Public, State of Texas ;~.. /// My Commission Expires ,,,:;t,;?1,;;~,,~ December 26, 2016 4 - :-~-...-..~·7# ·':..• ,; -·- .. CERTIFICATE OF CONFERENCE I certify that on March 25th, 2015, I contacted the office of Coby D. Smith and Burt L. Burnett by phone and have attempted in good faith to reach an agreement about the subject matter of this Motion. Mr. Smith has agreed to an additional 21 days and Mr. Burnett did not return the call and/or was in trial and therefore movant assumes that he opposes this motion. CERTIFICATE OF COMPLIANCE The undersigned counsel certifies that this document complies with Texas Rules of Appellate Procedure 9 .4, with a font size of 14 point and footnotes in 12 point with a word count of 664 ~~~ 5 CERTIFICATE OF SERVICE I certify that a copy of the foregoing document, Appellee William Ruth Judgment Creditor's Motion for Extension of Time to File a Brief, was served to those listed below on March 25 , 2015 as follows: Coby D. Smith Via Electronic Mail Brackett & Elliss, P.C 100 Main Street Fort Worth, TX 76102-3090 Counsel for The Ruby and Annie Smith Family Partnership Burt L. Burnett Via Electronic Mail Majd Ghanayem Burnett Law Firm PLLC P 0. Box 1521 Abilene, Texas 779604 6