City of Dallas v. Nancy Beggs

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