Rosa Ena Cantu v. Southern Insurance Company and Steve Dollery

ACCEPTED 03-15-00303-CV 6503815 THIRD COURT OF APPEALS AUSTIN, TEXAS 8/14/2015 1:38:39 PM JEFFREY D. KYLE CLERK NO. 03-15-00303-CV FILED IN IN THE COURT OF APPEALS 3rd COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD DISTRICT OF TEXAS 8/14/2015 1:38:39 PM AT AUSTIN JEFFREY D. KYLE Clerk ROSE ENA CANTU Appellant, V. SOUTHERN INSURANCE COMPANY AND STEVE DOLLERY Appellees, Appeal from the 21st Judicial District Court, Bastrop County, Texas Trial Court Cause No. 053-21 Hon. Carson Campbell, Presiding APPELLANT’S UNOPPOSED MOTION TO EXTEND TIME M. Chad Gerke Christopher D. Lewis Texas Bar No. 24027390 Texas Bar No. 24032546 Robert L. Collins 1721 West T.C. Jester Blvd Texas Bar No. 04618100 Houston, Texas 77008 Audrey E. Guthrie (713) 553-4104 Texas Bar No. 24083116 (713) 467-8883 Facsimile P.O. Box 7726 Houston, Texas 77270-7726 COUNSEL FOR APPELLANT (713) 467-8884 (713) 467-8883 Facsimile houstonlaw2@aol.com 1 TO THE HONORABLE COURT OF APPEALS: COMES NOW, Rose Ena Cantu, Appellant herein, and files this Unopposed Motion to Extend Time. In support thereof, and pursuant to Texas Rule of Appellate Procedure 10.5(b), Appellant would show as follows: A. The deadline for filing the item in question: The item in question is Appellant’s Brief. The current deadline for filing Appellant’s Brief is August 14, 2015. B. The length of the extension sought: Appellant seeks a one-time extension of thirty (30) days within which to file Appellant’s Brief. C. The facts relied on to reasonably explain the need for an extension: Counsel for Appellant have been called to trial and will not have adequate time to review the record and complete the Brief. Counsel for Appellee is not opposed to this request. D. The number of previous extensions granted regarding this extension: None, nor have any other extensions been granted (or sought). 2 Respectfully submitted, _________ __________ Robert L. Collins Texas Bar No. 04618100 Audrey Guthrie Texas Bar No. 24083116 P. O. Box 7726 Houston, Texas 77270-7726 (713) 467-8884 Telephone (713) 467-8883 Facsimile houstonlaw2@aol.com ATTORNEYS FOR APPELLANT ROSE ENA CANTU CERTIFICATE OF CONFERENCE As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that on August 14, 2015, I conferred with counsel for Appellee in this matter and they are unopposed to this motion. _________ ________________ Robert L. Collins 3 CERTIFICATE OF SERVICE As required by Texas Rule of Appellate Procedure 6.3 and 9.5(b), (d), (e), I certify that I have served this document on all other parties, on this 14th day of August, 2015: Catherine L. Hanna Laura D. Tubbs Eric Peabody Hanna & Plaut, LLP 211 East Seventh Street, Ste. 600 Austin, Texas 78701 ltubbs@hannaplaut.com Facsimile (512) 472-0205 Robert L. Collins 4 NO. 03-15-00303-CV IN THE COURT OF APPEALS FOR THE THIRD DISTRICT OF TEXAS AT AUSTIN ROSE ENA CANTU Appellant, V. SOUTHERN INSURANCE COMPANY AND STEVE DOLLERY Appellees, Appeal from the 21st Judicial District Court, Bastrop County, Texas Trial Court Cause No. 053-21 Hon. Carson Campbell, Presiding ORDER GRANTING APPELLANT’S UNOPPOSED MOTION TO EXTEND TIME On this day came to be heard Appellant’s Unopposed Motion to Extend Time. Having determined that the deadline for Appellant to file Appellant’s Brief should be extended by thirty (30) days, the Court is of the opinion that the motion is well taken and should be in all things GRANTED. It is, therefore, 2 ORDERED, ADJUDGED AND DECREED that Appellant’s Unopposed Motion to Extend Time is GRANTED in all things. The new deadline by which Appellant must file Appellant’s Brief is September 14, 2015. All relief not expressly granted herein is denied. SIGNED THIS _______ day of August, 2015. HONORABLE JUDGE OF THE THIRD COURT OF APPEALS 3