ACCEPTED
07-15-00361-CV
SEVENTH COURT OF APPEALS
AMARILLO, TEXAS
11/24/2015 4:08:19 PM
Vivian Long, Clerk
CASE NO. 07-15-00361-CV
IN THE COURT OF APPEALS FILED IN
7th COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO
AMARILLO, TEXAS
11/24/2015 4:08:19 PM
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VIVIAN LONG
Howard Construction Company, Inc. v. CLERK
Texas Association of Women’s Clubs
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APPELLANT’S SECOND MOTION FOR EXTENSION OF TIME
TO FILE APPELLANT’S BRIEF
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TO THE HONORABLE JUSTICES OF SAID COURT OF APPEALS:
NOW COMES, Howard Construction Company, Inc., Appellant in the
above styled and numbered cause, and moves this Court to grant an
extension of time to file Appellant's Brief, pursuant to Rule 38.6
of the Texas Rules of Appellate Procedure, and for good cause show
the following:
I.
This case is appeal from the 413th District Court, Johnson
County, Texas.
II.
The case below was styled Howard Construction Company, Inc. v.
Texas Association of Women’s Clubs; and numbered C201500322.
III.
The Clerk’s record was fled on September 21, 2015. There is
no Reporter’s Record as this appeal concerns the granting of a
Motion for Summary Judgment. Appellant’s Brief was due to be filed
on October 21, 2015. By letter dated October 29, 2015, the Court
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extended, on its own motion, the deadline for Appellant to file its
brief until November 9, 2015. Subsequently, Appellant filed a
Motion for Extension of Time to File Appellant’s Brief and the
Court granted Appellant until November 30, 2015, to file its
Appellant’s Brief.
IV.
Appellant requests an extension of time of eighteen (18) days
from the extended due date, until and including December 18, 2015,
to file its brief, or until such date as the Court deems
appropriate.
V.
Appellant relies on the following facts as good cause for the
requested extension:
1. Counsel for Appellant filed his Motion for Substitution
of Counsel on October 5, 2015, and the Motion was not granted until
October 23, 2015, two (2) days after Appellant’s Brief was due to
be filed;
2. Counsel is a solo practitioner with only a part-time
paralegal. Since the date the Clerk’s Record was filed, counsel has
had numerous hearings, documents to prepare, conferences with
clients and prospective clients, and telephone calls that have
prevented him from being able to fully research and prepare the
Appellant’s Brief. During the requested extension period, counsel;
has multiple scheduled hearings and depositions, and a bench trial;
3. Counsel had significant out-of-work commitments as he is
an Assistant Coach for Johnson County Sport’s Association’s Varsity
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6-Man football team, which duties took significant time of counsel
in the evenings and weekends. Counsel’s football coaching duties
continued through November 20, 2015; and
4. During the requested extension time is the Thanksgiving
holiday, November 26 and 27, 2015.
VI.
Appellant has made a previous request for an extension of time
in which to file their Appellant’s Brief, which was granted. The
requested extension will not unduly delay this cause. This case is
not set yet for admission. The extension is not sought for the
purpose of delay, but so that justice may be done.
WHEREFORE, PREMISES CONSIDERED, Appellant, Howard Construction
Company, Inc., prays that this Court grant this Motion To Extend
Time to File Appellant's Brief, extending the of time for Appellant
to file its Appellant's Brief by eighteen (18) days, until and
including December 18, 2015, or until such date as the Court deems
appropriate, and for such other and further relief as the Court may
deem appropriate.
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RESPECTFULLY SUBMITTED,
DAVIS LAW, P.C.
190 North Ridgeway Drive
Suite 102
Cleburne, Texas 76033
817/556-3456
FAX # 817/423-7348
/s/ Jeffrey S. Davis
JEFFREY S. DAVIS
Texas Bar No. 00787334
jsd@davislawyerpc.com
ATTORNEYS FOR APPELLANT,
Howard Construction Company, Inc.
CERTIFICATE OF CONFERENCE
This is to confirm that the undersigned counsel, on November
24, 2015, counsel for Appellant conferred with Daniel R. Aguilar,
counsel for Appellee regarding the requested extension, who stated
that he was not opposed to the requested extension.
/s/ Jeffrey S. Davis
JEFFREY S. DAVIS
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the above
and foregoing document was forwarded to all counsel of record
electronically through the electronic filing manager, on the 24th
day of November, 2015, pursuant to the Texas Rules of Appellate
Procedure and the Texas Rules of Civil Procedure.
/s/ Jeffrey S. Davis
JEFFREY S. DAVIS
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