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

ACCEPTED
03-14-00460-CV
4418859
THIRD COURT OF APPEALS
AUSTIN, TEXAS
3/9/2015 12:05:27 PM
JEFFREY D. KYLE
NO. 03-14-00460-CV CLERK

FILED IN
3rd COURT OF APPEALS
IN THE THIRD COURT OF APPEALS AUSTIN, TEXAS
AUSTIN, TEXAS 3/9/2015 12:05:27 PM
JEFFREY D. KYLE
Clerk

SANDRA FORD AND THE RUBY AND ANNIE SMITH FAMILY
PARTNERSHIP,
Appellant

v.
WILLIAM RUTH, JUDGMENT CREDITOR
Appellee

Appealed from the 424th Judicial District Court San Saba County, Texas
Cause No. 9145

APPELLE WILLIAM RUTH, JUDGMENT CREDITOR'S, MOTION TO
EXTEND TIME TO RESPOND TO APPELLANTS'S JOINT 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

Motion For Extension of Time to Respond to Joint Brief
 APPELLEE'S MOTION TO EXTEND TIME TO RESPOND
TO APPELLANTS' JOINT BRIEF

TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES Appellee William Ruth, Judgment Creditor, ( hereinafter

"Ruth" and files this Appellees' s motion to Extend Time to Respond to

Appellants' Joint Brief, and in support, would respectfully show:

Appellants filed their Joint Brief on January 22, 2015 with the clerk of the

Court, accepting the same on January 23, 2015.

Robert P. Wilson, Co-Counsel for Appellee, is not a part of the legal

representation as of February 9, 2015.

Movant's counsel, a solo practitioner, has taken over the practice of another

counsel as of the 1st day of February, 2015 and has been working long hours in

assimilating the practice of this counsel, Mr. Wilson, and in addition movant's

counsel is mentoring a two-year lawyer.

Prior to taking over the practice of Mr. Wilson movant was involved in two

Jury trials one in Bexar County and one in Kendall County coupled with

participating in 5 depositions and one mediation there was and has not been

enough time to properly approach the responsive brief.

2
Motion For Extension of Time to Respond to Joint Brief
 As a result, Appellee requires at least 30 days from the time of the filing of

this motion in order to appropriately respond to the joint brief filed by the

Appellants.

This motion is not brought for the purpose of delay but only so that justice

may be done.

Respectfully Submitted,

LAW OFFICES OF FREDERICK F. HOELKE

By:
Frederick F. Hoe Ike
SBN: 09775600
26545 IH-10 West,
Boerne, Texas 78006
(210)-444-0999 Telephone
(210)-787-3881 Facsimile
fredhoelke@aol.com
Attorney for Appellant Don C. Reser

3
Motion For Exte11sio11 of Time to Respond to Joint Brief
 VERIFICATION

Before the undersigned authority personally appeared Frederick F. Hoe Ike
who upon his oath declared:

" I have read the foregoing and swear the operative facts therein are true."

Further, affiant sayeth not.

~~
Subscribed and sworn before me this - - - day of March, 2015

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LINDA J. KILLIAN
Notary Public. State of Texas
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CERTIFICATE OF CONFERENCE

I certify that on March 9, 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. Appellants oppose this motion.

4
Motion For Extellsio11 of Time to Respo11d to Joint Brief
 CERTIFICATE OF SERVICE

I certify that a copy of the foregoing document, Appellee William Ruth,
Judgment Creditor's, Motion for Extension of Time to Respond to Joint Brief, was
served to those listed below on March 9, 2015 as follows:

Coby D. Smith
Brackett & Ellis, P.C.
100 Main Street
Fort Worth, TX 76102-3090
Fax: 817-870-2265
csmith@belaw.com

Burt L B umett
Burnett Law Firm P.L.L.C.
P.O. Box 1521
Abilene, Texas 79604
BurtLB umett@yahoo.com

5
Motion For Extension of Time to Respond to Joint Brief