ACCEPTED
03-15-00317-CV
6786046
THIRD COURT OF APPEALS
AUSTIN, TEXAS
9/3/2015 2:24:13 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 9/3/2015 2:24:13 PM
JEFFREY D. KYLE
Clerk
TERRY RANDALL
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 SECOND OPPOSED MOTION TO ENLARGE THE TIME
FOR FILING THEIR OPENING BRIEF
Craig W elscher
State Bar No. 21167200
S. Cory Sells
State Bar No. 24075525
The Welscher Law Firm, P.C.
1111 North Loop West, Suite 702
Houston, Texas 77008
(713) 862-0800- Telephone
(713) 862-4003- Facsimile
Email: csells@welscherlaw.com
Attorneys for Appellant
1
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 twenty-one (21) 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 Tuesday, September 8, 2015.
2. 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. Appellants counsel requests
additional time to continue legal research of the matters raised and to properly
prepare a response.
3. Accordingly, Appellant's counsel respectfully requests that the Court
enlarge the time for filing Appellant's opening brief by twenty-one (21) days,
through September 29, 2015.
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
2
the Court enlarge the deadline for the filing of their opening brief by twenty-one
(21) days, through September 29, 2015.
Respectfully submitted,
THE WELSCHER LAW FIRM
/s/ S. Cory Sells
Craig W elscher
State Bar No. 21167200
S. Cory Sells
State Bar No. 24075525
The Welscher Law Firm, P.C.
1111 North Loop West, Suite 702
Houston, Texas 77008
(713) 862-0800- Telephone
(713) 862-4003- Facsimile
Email: csells@welscherlaw.com
Attorneys for Appellant
3
CERTIFICATE OF CONFERENCE
The undersigned sent an email to and left a telephone messages with Mr.
Alex Metcalf about this Motion on September 3, 2015. His staffed advised the
undersigned that Alex Metcalf was currently in Jury trial for the week of August
31, 2015. Mr. Alex Metcalf was did not respond to either message or email by the
date of filing. Appellant's counsel is assuming he is opposed based upon his non-
response.
/s/ 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 3rd day of September, 2015.
Via Electronic Service
Alex Metcalf
807 Pecan Street
Bastrop,Texas78602
/s/ S. Cory Sells
S. Cory Sells
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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
September 3, 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 Second 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