ACCEPTED
03-14-00714-CV
4715673
4685527
THIRD COURT OF APPEALS
AUSTIN, TEXAS
3/30/2015
3/31/2015 9:30:05
3:54:16 AM
PM
JEFFREY D. KYLE
CLERK
NO. 03-14-00714-CV
FILED IN
3rd COURT OF APPEALS
IN THE COURT OF APPEALS AUSTIN, TEXAS
THIRD JUDICIAL DISTRICT OF TEXAS
3/31/2015 3:54:16 PM
AUSTIN, TEXAS JEFFREY D. KYLE
Clerk
On Appeal from the 98th Judicial District Court of Travis County
Cause Number No. D-1-GN-12-002467
KEVIN TARR
Appellant,
v.
LANTANA SOUTHWEST HOMEOWNERS’ ASSOCIATION, INC.,
Appellee,
AGREED MOTION TO EXTEND TIME
TO THE HONORABLE COURT:
Appellee, Lantana Southwest Homeowners’ Association (“Lantana”)
files this First Unopposed Motion for Extension of Time to File Appellee’s Reply
Brief, pursuant to Texas Rules of Appellate Procedure 38.6 and 10.5(b)(1), and
would respectfully show unto the Court the following:
1. The current deadline for filing Lantana’s Reply Brief is April 16,
2015.
2. Lantana seeks a 30-day extension of time to file its Reply Brief,
whereby the deadline would be on May 16, 2015.
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3. This extension of time is sought because the briefing required for the
Reply Brief is extensive, and the undersigned counsel for Lantana has both
depositions and a mediation in two multiple party cases during the time the
briefing is required under the current deadline. Because the cases both involve
multiple parties and because the dates were agreed upon in advance of Appellant’s
Brief, it would be inefficient and impractical to attempt to reschedule the prior
commitments so that adequate time may be afforded to the briefing.
4. This is the first Motion for Extension of Time filed with the court by
Lantana.
5. This motion is agreed/unopposed.
6. This extension of time is not requested for mere delay, but to allow
counsel adequate time to accurately present the issues on appeal.
For these reasons, Appellee Lantana respectfully requests that this Court
grant a 30-day extension of time to file its Reply Brief herein, and set the deadline
for filing the same to May 16, 2015.
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Respectfully submitted,
ROBERTS MARKEL WEINBERG BUTLER HAILEY PC
___________________________________
GREGORY B. GODKIN
Texas State Bar No. 24002146
111 Congress, Suite 1620
Austin, TX 78701
ggodkin@rmwbhlaw.com
Telephone: (512) 279-7344
Fax: (713) 840-9404
Attorneys for Lantana Southwest Homeowners’
Association, Inc.
CERTIFICATE OF COMPLIANCE
Pursuant to Rule 9.4 i(3) of the Texas Rules of Appellate Procedure, I certify
that the word count in this Lantana Southwest Homeowners’ Association, Inc.’s
First Unopposed Motion for Extension of Time to File its Appellee Brief is 523
words.
_________________________________
GREGORY B. GODKIN
CERTIFICATE OF CONFERENCE
On March 26, 2014, Gregory B. Godkin, counsel for Appellee, conferred
with Matthew Ploeger, counsel for Appellant, regarding the matter at issue in this
Motion. Mr. Ploeger is agreed/unopposed to the relief sought in Lantana
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Southwest Homeowners’ Association, Inc.’s First Motion for Extension of Time to
File its Reply Brief.
_________________________________
GREGORY B. GODKIN
CERTIFICATE OF SERVICE
I hereby certify that pursuant to Tex. R. Civ. P. 21a, a true and correct copy
of the foregoing instrument was served upon the parties listed below by fax,
delivery service, messenger, mail, and/or through the serving party’s electronic
filing service provider, this 30th day of March, 2015.
Via Facsimile No. (512) 298-1787
Mr. Matthew Ploeger
Law Office of Matthew Ploeger
901 S. Mopac Expressway, Suite 300
Barton Oaks Plaza, Building One
Austin, Texas 78746
(512) 298-2088 Phone
Attorney for Kevin Tarr
_________________________________
GREGORY B. GODKIN
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