ACCEPTED
03-15-00317-CV
6160704
THIRD COURT OF APPEALS
AUSTIN, TEXAS
7/21/2015 3:04:14 PM
JEFFREY D. KYLE
CLERK
CAUSE NO. 03-15-00317-CV
FILED IN
3rd COURT OF APPEALS
IN THE THIRD COURT OF APPEALS AUSTIN, TEXAS
AUSTIN, TEXAS 7/21/2015 3:04:14 PM
JEFFREY D. KYLE
Clerk
RANDALL WALKER
Appellant
VS.
HERBERT WALKER D/B/A, WALKER WATER WELLS; AND
WALKER WATER WELL SERVICES, LLC.,
Appellees
From Cause No. 423-2441
In the 423rd Judicial District Court
Bastrop County, Texas
APPELLANT'S FIRST OPPOSED MOTION TO ENLARGE THE TIME
FOR FILING THEIR OPENING BRIEF
Craig Welscher
State Bar No. 21 167200
S. Cory Sells
State Bar No. 24075525
The Welscher Law Firm, P.C.
1111 North Loop West, Suite 702
Houston, Texas 77008
(7 13) 862-0800 - Telephone
(7 13) 862-4003 - Facsimile
Email: csells~,welscherlaw.com
Attorneys for Appellant
TO THE HONORABLE JUDGES OF SAID COURT:
COMES NOW TERRY RANDALL, the Appellant in the above-numbered
and styled appeal, by and through their counsel of record, S. Cory Sells, and
respectfully moves for an enlargement of forty-five (45) days for the filing of their
opening brief, and in support thereof would respectfully show unto the Court the
following:
1. Final Judgment in this matter was issued on June 1, 2015. Appellant's brief
is currently due on Wednesday, July 22,20 15.
2. Appellant's counsel, Mr. S. Cory Sells has been in and out of the hospital
over the last weekend do to a medical issue and is investigating with medical
professionals if surgery and future medical care is required. Unfortunately, this has
prevented him from dedicating the time necessary to Appellant's brief.
Furthermore, Appellant's opening brief will contest a JNOV which contested legal
and factual sufficiency of every item placed before the jury. Appellant's wishes to
have adequate time to fully brief all of these issues.
3. Accordingly, Appellant's counsel respectfully requests that the Court
enlarge the time for filing Appellant's opening brief by forty-five (45) days,
through and including September 5,20 15.
4. Appellant has attempted to contact counsel for Appellees regarding their
opposition to this request but has yet to hear back from opposing counsel.
PRAYER
Wherefore, premises considered, the Appellant, Randall Walker, prays that
the Court enlarge the deadline for the filing of their opening brief by forty-five (45)
days, through and including September 5,20 15.
Respectfully submitted,
IS/ S. Cory Sells
Craig Welscher
State Bar No. 21 167200
S. Cory Sells
State Bar No. 24075525
The Welscher Law Firm, P.C.
1111 North Loop West, Suite 702
Houston, Texas 77008
(7 13) 862-0800 - Telephone
(7 13) 862-4003 - Facsimile
Email: csells~,welscherlaw.com
Attorneys for Appellant
CERTIFICATE OF CONFERENCE
The undersigned sent emails to and left two telephone messages with Mr.
Alex Metcalf about this Motion on July 20 and 2 1,2015, and Mr. Alex Metcalf did
not respond to either message or email. Appellant's counsel is assuming he is
opposed based upon his non-response.
IS/ S. Cory Sells
S. Cory Sells
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing
instrument was forwarded to all known counsel of record in the manner required
by Texas Rule of Appellate Procedure 9.5, on this the 2 1st day of July, 20 15.
Via Electronic Service
Alex Metcalf
807 Pecan Street
Bastrop, Texas 78602
IS/ S. Cory Sells
S. Cory Sells
T HE W ELSCHER LAW FIRM
A P ROFESSIONAL C ORPORATION
A T T O R N EYS A T L A W
i
CRAIG WELSCHER 1111 North Loop West, Suite 702 Tel: (713) 862-0800
SHAREHOLDER Houston, Texas 77008 Fax: (713) 862-4003
July 21, 2015
Via ProDoc Electronic Filing
Jeffrey D. Kyle, Clerk
3rd Court of Appeals
P.O. Box 12547
Austin, Texas 78711-2547
Re: Court of Appeals Number:03-15-00317-CV
Trial Court Case Number: 423-2441;Terry Randall v. Herbert J. Walker d/b/a
Walker Water Well; and Walker Water Well Services, LLC
Honorable Clerk:
Enclosed please find following:
Appellant*s First Unopposed Motion to Enlarge the time for Filing their Opening Brief
Should you have any questions regarding the enclosed, please contact our office. Thank you
for your assistance in this matter.
Very truly yours,
THE WELSCHER LAW FIRM
Connie Gilbert /e/
Connie Gilbert,
Paralegal to Craig Welscher
service@welscherlaw.com
CCG//pld
Enclosures: As Stated
cc:
Via Facsimile: (512) 303-6766 and/or
Via Electronic Mail: alex@lostpineslawyer.com
Alex Metcalf
Attorney at law
807 Pecan Street
Bastrop, Texas 78602