Cynthia Walker, Individually and on Behalf of the Estate of Norman Walker Stephen Walker Stephanie Walker Hatton Jordan Walker And Caren Ann Johnson v. UME, Inc. D/B/A Camp Huaco Springs WWGAF, Inc. D/B/A Rockin 'R' River Rides William George Rivers And Richard Duane Rivers

ACCEPTED
03-15-00271-CV
6480897
THIRD COURT OF APPEALS
AUSTIN, TEXAS
8/13/2015 11:35:28 AM
JEFFREY D. KYLE
CLERK
NO. 03-15-00271-CV

IN THE FILED IN
3rd COURT OF APPEALS
THIRD COURT OF APPEALS AUSTIN, TEXAS
8/13/2015 11:35:28 AM
AUSTIN, TEXAS
JEFFREY D. KYLE
Clerk

CYNTHIA WALKER, Individually and on Behalf of the ESTATE OF
NORMAN WALKER; STEPHEN WALKER; STEPHANIE WALKER
HATTON; JORDAN WALKER; and CAREN ANN JOHNSON
APPELLANTS

V.

UME, INC. d/b/a CAMP HUACO SPRINGS; WWGAF, INC. d/b/a
ROCKIN’ RIVER RIDES; WILLIAM GEORGE RIVERS; and
RICHARD DUANE RIVERS
APPELLEES

ON APPEAL FROM THE 433RD JUDICIAL DISTRICT COURT,
COMAL COUNTY, TEXAS, HON. DIB WALDRIP, PRESIDING

MOTION REQUESTING EXTENSION OF TIME
TO FILE APPELLANTS’ BRIEF
______________________________________________________________

Come Now Appellants Cynthia Walker, Individually and on Behalf of the

Estate of Norman Walker; Stephen Walker; Stephanie Walker Hatton; Jordan

Walker; and Carrie Ann Johnson, and submit this Motion For Extension of Time to

File Appellants’ Brief as follows.
1) Appellants’ Brief is due on August 28, 2015. Appellants are requesting a

sixty day extension of time to file Appellants’ Brief, which would make

Appellants’ Brief due on October 28, 2015. Appellants have not previously

requested an extension of time to file their brief.

2) Undersigned counsel has other commitments that interfere with the ability to

complete the brief any earlier, including:

a. Cause No. D-1-GN-14-001791; Austin Firefighters Association vs.
City of Austin; In the 261st Judicial District of Travis County, Texas.

b. Cause No. 4205; John P. Boerschig v. Rio Grande Electric Coop; In
the 63rd Judicial District Court of Kinney County, Texas.

c. Cause No. D-1-GN-12-002686; Raintree Construction, Inc. v.
Workman Commercial Construction Services et al; Laredo RP, Ltd. v.
Davies Group Architects, LLC, William A. Davies, and Workman
Commercial Construction Services, Ltd.; In the 200th Judicial District
Court of Travis County Texas.

d. Cause No. 15-0111; Performance Products, Inc. v. James Pearcy; In
the Supreme Court of Texas.

e. Cause No. 13-15-00304-CV; Margaret Haule v. channelAustin; In the
Thirteenth Court of Appeals.

f. Cause No. 1:15-cv-00590; Paul G. Sigmon and Beth D. Sigmon vs.
Branch Banking & Trust Company; In the United States District Court
for the Western District of Texas, Austin Division.

g. Cause No. 1:13-CV-00830; Billie Mercer, Individually and as Heir to
the Estate of Larry Jackson, Jr.; and Larry Mercer, Individually and
as Heir to the Estate of Larry Jackson, Jr.; Kirsten Jackson,
Intervenor vs. Charles Kleinert and The City of Austin; In the United
States District Court for the Western District of Texas Austin
Division.
 h. Cause No. 1:13-cv-00825-SS; White Lodging Services Corp. and
Austin 18 Hotel, LLC vs. City of Austin and Anthony Snipes; In the
United States District Court, Western District of Texas, Austin
Division.

i. Cause No. 2013-004640-1; Stephen L. Kolle, Gayla Janell Morris
Goff, Mydra C. Kolle, Michelle Kolle and Allison Kolle; In the 135th
Judicial District Court of Victoria County, Texas.

j. Cause No. D-1-GN-15-002652; CCP Holdings (GTI), LLC; Chart
Capital Partners II, LP; and Chart Capital Partners II-A, LP vs.
Genesis Today, Inc.; Genesis Pure, Inc.; Robert Lindsey Duncan and
Molly Agle Duncan; In the 126th Judicial District Court, Travis
County, Texas

k. Cause No. 15-1014; County of Hays, Texas v. Gary E. Hoover et al.;
In the 22nd Judicial District Court of Hays County, Texas.

l. TCEQ Docket No. 2014-1030-MLM-E; In the Matter of an
Enforcement Action against Luling O&G and Delton Bishop
RN107228421; Before the Texas Commission on Environmental
Quality.

m. Cause No. D-1-GN-15-003263; Diana D., as next friend of KD, a
child et al. v. Chris Traylor, as Executive Commissioner of Texas
Health & Human Services Commission et al; In the 200th Judicial
District Court of Travis County, Texas.

n. Undersigned counsel also serves as a panelist in three pending
arbitration matters before FINRA.

3) In addition, Appellants’ counsel will be on vacation from August 24, 2015

through August 28, 2015. This vacation has been scheduled for several months

and will result in Appellants’ counsel being out of the state when the brief is due,

which will prevent completion of the Brief by the current deadline.
4) Finally, the clerk’s record comprises 2,361 pages, which is unusually large

for an appeal of a summary judgment ruling. Given the other obligations of

Appellants’ counsel, and the previously scheduled vacation, Appellants’ counsel is

unable to review a record of this size in time to complete the Brief by the current

deadline.

5) This motion is not sought for delay but so that justice may be served.

Wherefore, Appellants pray that the Court grant their sixty day extension

request to file their Brief to October 28, 2015, and for such other relief to which

they may be entitled.

Respectfully submitted,

_______________________
Clark Richards
State Bar No. 90001613
crichards@rrsfirm.com
Richards Rodriguez & Skeith, LLP
816 Congress Ave., Suite 1200
Austin, Texas 78701
Fax (512) 476-0005
Tel (512) 476-1513
ATTORNEY FOR APPELLANTS
CYNTHIA WALKER, Individually and
on Behalf of the ESTATE OF NORMAN
WALKER; STEPHEN WALKER;
STEPHANIE WALKER HATTON;
JORDAN WALKER; and CARRIE ANN
JOHNSON
 CERTIFICATE OF CONFERENCE

Pursuant to Tex. App. R. 10.1(a)(5), I hereby certify that I have conferred
with counsel for Appellees and Appellees do not oppose this motion.

________________________________
CLARK RICHARDS

CERTIFICATE OF FILING AND SERVICE

I hereby certify that on this 13th day of August 2015, a copy of Appellants’
Motion For Extension of Time to File Appellants’ Brief was served by email on
the following counsel:

Karen L. Landinger Willie Ben Daw, III
klandinger@cbylaw.com wbdaw@dawray.com
Andres R. Gonzalez C. Thomas Valentine
agonzalez@cbylaw.com tvalentine@dawray.com
Cokinos Bosien & Young Kyle D. Giacco
10999 West IH-10, Suite 800 Kgiacco@dawray.com
San Antonio, Texas 78230 5718 Westheimer, Suite 1750
Attorneys for Appellee Houston, Texas 77057
WWGAF, Inc. d/b/a Rockin ‘R’ River Attorneys for UME, Inc. d/b/a Camp
Rides Huaco Springs, Williams George
Rivers and Richard Duane Rivers

________________________________
CLARK RICHARDS