John Lawton v. David W. Lawton, Individually, as Former Independent of the Estate of Joseph G. Lawton, and as Former Agent for Joseph G. Lawton Under a Power of Attorney
ACCEPTED
01-15-00193-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
7/30/2015 10:28:54 AM
CHRISTOPHER PRINE
CLERK
NO. 01-15-00193-CV
IN THE COURT OF APPEALS FOR THE FILED IN
1st COURT OF APPEALS
FIRST DISTRICT OF TEXAS HOUSTON, TEXAS
7/30/2015 10:28:54 AM
JOHN LAWTON CHRISTOPHER A. PRINE
Appellant. Clerk
v.
DAVID LAWTON, INDIVIDUALLY, AS FORMER INDEPENDENT
EXECUTOR OF THE ESTATE OF JOSEPH G. LAWTON, DECEASED,
AND AS FORMER AGENT FOR JOSEPH G. LAWTON UNDER A
POWER OF ATTORNEY,
Appellee.
Appeal From Cause No. 14-CCV-053769
In the County Court at Law No. 1, Fort Bend County, Texas
APPELLEE DAVID W. LAWTON’S UNOPPOSED MOTION TO EXTEND
TIME TO FILE APPELLEE BRIEF
DOYLE, RESTREPO, HARVIN & ROBBINS, L.L.P.
J. B. (Trey) Henderson III N. Kimberly Hoesl
State Bar No. 00798251 State Bar No. 24040540
thenderson@drhrlaw.com khoesl@drhrlaw.com
440 Louisiana Street, Suite 2300
Houston, Texas 77002
(713) 228-5100 (Tel.)
(713) 228-6138 (Fax)
Attorneys for Appellee David Lawton, Individually, as Former
Independent Executor of the Estate of Joseph G. Lawton, Deceased, and
as Former Agent for Joseph G. Lawton Under a Power of Attorney
JULY 30, 2015
TO THIS HONORABLE COURT:
Appellee David W. Lawton (“David”) files this unopposed motion, pursuant
to Texas Rule of Appellate Procedure 10.5(b), respectfully requesting the Court to
extend the time to file his appellee’s brief in response to the Brief of Appellant
filed by John Lawton (“John”).
1. David’s appellee brief is due to be filed on August 7, 2015.
2. David requests an additional thirty (30) days to file his brief. That is
an extension of time through and including September 4, 2015.
3. This is David’s first request for an extension of time to file the
appellee brief.
4. David requests additional time to prepare and file the brief, in part
because David’s counsel was on vacation the first two weeks following the filing
of John’s Brief of Appellant. As a result of that delay, plus counsel’s other
professional obligations, the amount of time available for David’s counsel to
prepare the appellee brief is significantly reduced.
5. This extension is not sought for delay but so that the justice may be
done.
6. As set forth in the Certificate of Conference below, this motion for
extension of time is unopposed.
For these reasons, David prays that this Court grant an extension of time to
file his appellee brief in this matter through and including September 4, 2015.
Respectfully submitted,
_/s/ N. Kimberly Hoesl __________
J. B. (Trey) Henderson III
State Bar No. 00798251
thenderson@drhrlaw.com
N. Kimberly Hoesl
State Bar No. 24040540
khoesl@drhrlaw.com
DOYLE RESTREPO HARVIN & ROBBINS, L.L.P.
440 Louisiana, Suite 2300
Houston, Texas 77002
(713) 228-5100 Telephone
(713) 228-6138 Facsimile
Attorneys for Appellee David Lawton,
Individually, as Former Independent
Executor of the Estate of Joseph G.
Lawton, Deceased, and as Former Agent
for Joseph G. Lawton Under a Power of
Attorney
CERTIFICATE OF CONFERENCE
As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I
conferred with counsel for Appellant John Lawton, who stated that he is not
opposed to the relief requested in this motion.
/s/ N. Kimberly Hoesl _____________
N. Kimberly Hoesl
2
CERTIFICATE OF SERVICE
As required by Texas Rules of Appellate Procedure 6.3 and 9.5(b), (d), (e), I
certify that a true copy of Appellee David W. Lawton’s Unopposed Motion to
Extend Time to File Appellee Brief has been served on all other parties—listed
below—on July 30, 2015, as follows:
Constance H. Pfeiffer Attorneys for Appellant John Lawton
William R. Peterson
BECK REDDEN LLP
1221 McKinney, Suite 4500
Houston, Texas 77010-2010
cpfeiffer@beckredden.com
Esther Anderson
ANDERSON PFEIFFER, PC
845 FM 517 West, Suite 200
Dickinson, Texas 77539
esther@probateguardianship.com
_X_ By electronic service
_X_ By e-mail
/s/ N. Kimberly Hoesl ___________
N. Kimberly Hoesl
July 30, 2015_____________________
Date
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