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.

ACCEPTED
05-14-01579-CV
FIFTH COURT OF APPEALS
DALLAS, TEXAS
7/15/2015 1:26:58 PM
LISA MATZ
CLERK

No. 05-14-01579-CV
____________________________________________
FILED IN
5th COURT OF APPEALS
COURT OF APPEALS DALLAS, TEXAS
for the 7/15/2015 1:26:58 PM
FIFTH DISTRICT OF TEXAS LISA MATZ
________________________________________ Clerk

David Bagwell, Individually and as Trustee of
The David S. Bagwell Trust, et al.,

Appellants,
v.

BBVA Compass and Sam Meade,

Appellees.
________________________________________

Appeal from the 101st Judicial District Court
of Dallas County, Texas
Honorable Martin Lowy, Presiding Judge
________________________________________

UNOPPOSED MOTION FOR EXTENSION OF
TIME TO FILE APPELLANTS’ REPLY BRIEF
_______________________________________

To the Honorable Court:

Pursuant to TEX. R. APP. P. 10.5(b) and 38.6(d), Appellants David Bagwell,

individually and as Trustee of The David S. Bagwell Trust (“Appellants”), file this

Unopposed Motion for Extension of Time to File Appellants’ Reply Brief. In

support of the 30-day extension requested in this motion, Appellants would

respectfully show the Court the following:

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 1. Appellees’ Brief was filed on July 2, 2015, making Appellants’ Reply

Brief due on July 22, 2015. Appellants request an extension of 30 days to file their

Reply Brief, making the new date August 21, 2015.

2. The undersigned, Appellants’ lead appellate counsel, has been and

will be involved in other matters that necessitate an extension, including:

a. preparation for and participation in a jury trial beginning on July 6,
2015 in Janvey v. Dillon Gage Inc. of Dallas and Dillon Gage Inc.,
No. 3:10-CV-1973-N, pending in the U.S. District Court for the
Northern District of Texas;

b. preparation of an appellant’s brief due on July 13, 2015 in City of
McKinney v. El Dorado Land Company, L.P., No. 05-15-00067-CV,
pending in this Court; and

c. preparation of an appellees’ brief due on August 14, 2015 in Lutheran
Social Services of the South, Inc. v. Winnie Blount, Individually, and
as Next Friend of P.B., a minor child, and John Blount, Individually
and as Next Friend of P.B., a minor child, No. 05-15-00380-CV,
pending in this Court.

3. Because of these and other scheduling conflicts, including a prepaid

vacation from July 26 - August 3, the undersigned believes that a 30-day extension

will be necessary in order to prepare an adequate reply brief in this case.

4. Co- Appellants and Appellees do not oppose this request.

WHEREFORE, Appellants David Bagwell, individually and as Trustee of The

David S. Bagwell Trust, respectfully pray that the Court grant this unopposed

motion and extend the time to file their Appellants’ Reply Brief to August 21,

2015.

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 Respectfully submitted,

/s/ Jeffrey S. Levinger
Jeffrey T. Hall Jeffrey S. Levinger
State Bar No. 00787622 State Bar No. 12258300
Jeffrey T. Hall, Esq. Levinger PC
1717 McKinney Avenue, Suite 700 1445 Ross Avenue, Suite 2500
Dallas, Texas 75202 Dallas, Texas 75202
Telephone: 214-593-6446 Telephone: 214-855-6817
Facsimile: 855-830-1952 Facsimile: 214-855-6808
Email: jthallesq@gmail.com Email: jlevinger@levingerpc.com

J. Carl Cecere
State Bar No. 24050397
Cecere PC
6035 McCommas Blvd.
Dallas, Texas 75206 Attorneys for Appellants
Telephone: 469-600-9455 David Bagwell, Individually and as
Email: ccecere@cecerepc.com Trustee of the David S. Bagwell Trust

CERTIFICATE OF CONFERENCE

On July 14, 2015, the undersigned conferred with Jeffrey Seeburger, counsel
for Appellees, and Payton Healey, counsel for co-Appellants, regarding this
motion. Both counsel stated that their clients do not oppose the requested
extension of time to file the Appellants’ Reply Brief.

/s/ Jeffrey S. Levinger
Jeffrey S. Levinger

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 CERTIFICATE OF SERVICE

The undersigned certifies that a copy of this Unopposed Motion for
Extension of Time to File Appellants’ Reply Brief was served on all counsel of
record via the Court’s electronic filing system on this 15th day of July, 2015.

Patrick W. Powers Michael A. Logan
Payton J. Healey Jeffrey S. Seeburger
Powers Taylor LLP Victoria Nsikak
8150 North Central Expressway Kane Russell Coleman & Logan PC
Suite 1575 1601 Elm Street
Dallas, TX 75206 3700 Thanksgiving Tower
Dallas, TX 75201

/s/ Jeffrey S. Levinger
Jeffrey S. Levinger

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