CorpSol, Inc. Corporate Solutions, Inc. Corporate Solutions Services Inc. And 4XE, Inc. v. Texas Property and Casualty Insurance Guaranty Association

ACCEPTED
03-15-00074-CV
6445551
THIRD COURT OF APPEALS
AUSTIN, TEXAS
8/11/2015 1:50:11 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00074-CV
FILED IN
In the Third Court of Appeals 3rd AUSTIN,
COURT OF APPEALS
TEXAS
Austin, Texas 8/11/2015 1:50:11 PM
JEFFREY D. KYLE
Clerk

CORPSOL, INC., CORPORATE SOLUTIONS, INC.,
CORPORATE SOLUTIONS SERVICES, INC., AND 4XE, INC.

Appellants

V.

TEXAS PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION,

Appellee

APPEAL FROM CAUSE NO. D-1-GN-09-001428
250TH JUDICIAL DISTRICT COURT OF TRAVIS COUNTY, TEXAS
HON. JOHN DIETZ PRESIDING

UNOPPOSED SECOND MOTION FOR EXTENSION OF TIME
TO FILE APPELLANTS’ BRIEF

TO THE HONORABLE THIRD COURT OF APPEALS:

Appellants CorpSol, Inc., Corporate Solutions, Inc., Corporate Solutions

Services, Inc., and 4XE, Inc., file this second motion requesting a thirty-day

extension of time for filing their opening brief in the above-referenced appeal.

Appellants respectfully show:

1. Appellants’ brief is currently due on August 12, 2015.
 2. Appellants request a 30-day extension of time, or until September 11,

2015, for filing their brief. Appellants have requested only one previous extension.

3. The demands of other cases have prevented the undersigned from

completing the brief by the current deadline. More specifically, the undersigned

has been occupied with the following matters:

• finalizing and filing a petition for review in Tom Bennett and
James B. Bonham Corp. v. Larry Wayne Grant, No. 15-0338 in the
Supreme Court of Texas;

• preparing and filing cross-appellant’s reply brief in Microsoft
Corp. v. Michael Mercieca, No. 14-15-00024-CV in the Fourteenth
Court of Appeals;

• preparing a reply in support of relator’s mandamus petition in In re
Brad Haskins and Sue Miller, No. 03-15-00406-CV before this
Court;

• appearing as lead counsel and preparing a motion for rehearing and
motion for reconsideration en banc on behalf of the real party in
interest in In re Seton Northwest Hospital, et al., No. 03-15-00269-
CV before this Court;

• preparing and filing an amended plea to the jurisdiction and a
motion to compel arbitration and attending hearings in North
Austin Muslim Community Center, Inc. v. Professional StruCIVIL
Engineering, Inc. and Mirza Tahir Baig, No. D-1-GN-15-001715
in the 345th Judicial District Court of Travis County, Texas; and

• considering the prospects for a motion for rehearing or motion for
reconsideration en banc in Richard Patrick Fagerberg v. Steve
Madden, Ltd., SXSW, Inc., and W3 Event Specialists, Inc., No. 03-
13-00286-CV before this Court.

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In addition, the undersigned was on a family trip out of state from July 21 through

July 28, was out of the office at a conference on August 6 and August 7, and has

now departed for a family vacation until August 18, 2015.

4. This case has not been set for submission. Therefore, no unnecessary

delay will result from the granting of this extension.

5. Appellee does not oppose the relief sought in this motion.

CONCLUSION AND PRAYER

For these reasons, appellants respectfully request that the Court grant this

motion for extension of time, thus making their opening brief due on September

11, 2015. Appellants request all other appropriate relief to which they are entitled.

Respectfully submitted,

SMITH LAW GROUP LLLP

/s/D. Todd Smith
D. Todd Smith
State Bar No. 00797451
todd@appealsplus.com
Brandy Wingate Voss
State Bar No. 24037046
brandy@appealsplus.com
1250 Capital of Texas Highway South
Three Cielo Center, Suite 601
Austin, Texas 78746
(512) 439-3230
(512) 439-3232 (fax)

Counsel for Appellants CorpSol, Inc.,
Corporate Solutions, Inc., Corporate
Solutions Services, Inc., and 4XE, Inc.

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 CERTIFICATE OF CONFERENCE

In compliance with Texas Rule of Appellate Procedure 10.1(a)(5), I certify

that I conferred with appellee’s lead counsel, Dan Price, about this motion. Mr.

Price informed me that appellee does not oppose the relief requested in this

motion.

/s/ D. Todd Smith
D. Todd Smith

CERTIFICATE OF SERVICE

On August 11, 2015, in compliance with Texas Rule of Appellate Procedure

9.5, I served this document by e-service and e-mail to:

Dan J. Price
STONE LOUGHLIN & SWANSON LLP
P.O. Box 30111
Austin, Texas 78755
dprice@slsaustin.com
Counsel for Appellee

/s/D. Todd Smith
D. Todd Smith

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