Steven C. Albright and Rhonda Albright v. Rhea & Sons Enterprises, Inc. D/B/A Rhea Plumbing

ACCEPTED
03-15-00496-CV
7201045
THIRD COURT OF APPEALS
AUSTIN, TEXAS
10/2/2015 10:10:22 AM
JEFFREY D. KYLE
CLERK
NO. 03-15-00496-CV

FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
10/2/2015 10:10:22 AM
IN THE COURT OF APPEALS JEFFREY D. KYLE
Clerk
FOR THE
THIRD COURT OF APPEALS DISTRICT OF TEXAS

STEVEN ALBRIGHT AND RHONDA ALBRIGHT, APPELLANTS,

— VERSUS—

RHEA & SONS ENTERPRISES, INC. D/B/A RHEA PLUMBING, APPELLEE.

FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE APPELLANT’S BRIEF

G. Eric De Leon
(eric@deleonlawoffice.com)
State Bar No. 24045763
Law Office of G. Eric De Leon, PLLC
8700 Crownhill Blvd., Ste. #201
San Antonio, Texas 78209
Phone: (210) 684-4433
Fax: (210) 247-9631

October 1, 2015 Attorney for Steven & Rhonda Albright
TO THE HONORABLE COURT OF APPEALS:

Steven and Rhonda Albright (collectively “Albrights”) file this First

Unopposed Motion for Extension of Time to File Appellant’s Brief, which seeks

an additional thirty (30) days for the Albrights to file their initial appellate brief. A

thirty day extension would extend the time for the Albrights to file their Appellant

Brief until and including November 4, 2015. The Albrights would respectfully

show the following:

I. Background

The Reporter’s Record in this case was filed on September 1, 2015, and the

Clerk’s Record was filed on September 4, 2015. As a result, the Brief for

Appellant is currently due on October 4, 2015.

II. Reasons for Extension

The Albright’s appellate counsel has had several unavoidable conflicts arise

between the date when the Clerk’s Record was filed and the current due date for

Appellant’s brief. Some of the conflicts include several depositions and bench

trials in Bexar County, Texas. These conflicts have precluded Appellant’s counsel,

a sole practitioner, from completing the brief.
 III. Request for Extension

Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d), the

Albrights seek an extension of 30 days in which to file their brief. Such an

extension would result in the Brief of Appellant being due on November 4, 2015.

An extension of time for filing the brief is sought so that justice may be done in the

disposition of this appeal, not for the purposed of delay.

IV. Certificate of Conference

Pursuant to Texas Rule of Appellant Procedure 10.1(a)(5), Counsel for

Albrights, Mr. G. Eric De Leon conferred with opposing counsel, who does not

oppose this request for a 30 day extension to file Appellant’s brief in this matter.

V. Conclusion and request for Relief

Appellant prays that the Court grant this Motion for Extension of Time and

extend the time for Ithaca to file its Brief of Appellant until and including

November 4, 2015.
 Respectfully submitted,

LAW OFFICES OF G. ERIC DE LEON, PLLC
8700 Crownhill Blvd., Suite 201
San Antonio, Texas 78209
Telephone: (210) 684-4433
Facsimile: (210) 247-9631
E-mail: eric@deleonlawoffice.com

__/s/ G. Eric De Leon _________
Gilbert Eric De Leon
State Bar No. 24045763

Attorney for Appellant

CERTIFICATE OF SERVICE
I hereby certify that foregoing document was electronically filed with the
Clerk of the Court using the electronic case filing system of the Court. I also
certify that a true and correct copy of the foregoing was served on all counsel of
record on October 2, 2015, as follows:

Bret Sanders via facsimile
Jeffrey Boyd
Fee, Smith, Sharp, Vitullo LLP
816 Congress Avenue, Suite 1265
Austin, Texas 78701
Phone: (512) 479-8400
Fax: (512) 479-8402

Attorney for Rhea Plumbing

__/s/ G. Eric De Leon _________
Gilbert Eric De Leon