ACCEPTED
05-15-00483-CV
FIFTH COURT OF APPEALS
DALLAS, TEXAS
9/11/2015 11:06:39 AM
LISA MATZ
CLERK
No. 05-15-00483-CV
_____________________________________________________________
FILED IN
5th COURT OF APPEALS
IN THE COURT OF APPEALS DALLAS, TEXAS
FOR THE FIFTH JUDICIAL DISTRICT OF TEXAS
9/11/2015 11:06:39 AM
DALLAS, TEXAS LISA MATZ
Clerk
_______________ ______________________________________ ____________
CITY OF DALLAS
Appellant
v.
NANCY BEGGS
Appellees
__________________ _______________________________________ ________
Appeal from the 298th Judicial District Court of Dallas County, Texas
Cause No. DC-11-14997-M
__________________ _______________________________________ ________
APPELLEE’S SECOND UNOPPOSED MOTION FOR EXTENSION OF
TIME TO FILE BRIEF
_________________________________________________________________
TO THE HONORABLE COURT OF APPEALS:
Appellee Nancy Beggs (“Appellee”) respectfully requests the Court to
extend the time to file the Brief of Appellee in this appeal and, in support hereof,
respectfully shows the Court as follows:
1. Appellant is the City of Dallas and Appellee is Nancy Beggs.
2. After two unopposed extensions of time, Appellant filed its Brief and
Appendix on July 13, 2015.
3. Appellee hereby requests an extension of time of until October 14,
2015 to file its Brief.
4. The parties are currently in settlement negotiations and wish to use
any extra time in an effort to resolve this dispute.
5. Under Rule 38.6 of the Texas Rule of Appellate Procedure, the Court
may extend the time for filing a brief and may postpone submission of the case.
Tex. R. App. P. 38.6(d). No procedural rule limits the time within which to file a
motion to extend. A motion to extend the time to file a brief “may be filed before
or after the date a brief is due.” Id.
6. For these reasons, Appellee requests that this Court set October 14,
2015 as the due date for the Brief of Appellee.
Respectfully submitted,
__/s/ Spencer P. Browne______________
SPENCER P. BROWNE
Texas Bar No. 24040589
REYES | BROWNE | REILLEY
5950 Berkshire Lane, Suite 410
Dallas, Texas 75225
Telephone: (214) 526-7900
Facsimile: (214) 526-7910
spencer@reyeslaw.com
AND
APPELLEE’S FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF PAGE 2
KIRK PITTARD
STATE BAR NO. 24010313
KPITTARD@TEXASAPPEALS.COM
MORGAN A. MCPHEETERS
STATE BAR NO. 24081279
MMCPHEETERS@TEXASAPPEALS.COM
KELLY, DURHAM & PITTARD, LLP
PO BOX 224626
DALLAS, TX 75222
TELEPHONE: 214.946.8000
FACSIMILE: 214.946.8433
ATTORNEY FOR APPELLEE
NANCY BEGGS
CERTIFICATE OF SERVICE
I hereby certify that the foregoing document was electronically filed in
compliance with the Texas Rules of Appellate Procedure and that a copy has been
sent by e-service to counsel for Appellant on this 11th day of September, 2015:
Julie Essenburg
Barbara Rosenberg
Office of the City Attorney of Dallas
1500 Marilla Street, Room 7D North
Dallas, Texas 75201
/s/ Spencer P. Browne
SPENCER P. BROWNE
APPELLEE’S FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF PAGE 3