Rosa Ena Cantu v. Southern Insurance Company and Steve Dollery

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ACCEPTED 03-15-00303-CV 7198679 THIRD COURT OF APPEALS AUSTIN, TEXAS 10/2/2015 8:48:33 AM 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 10/2/2015 8:48:33 AM 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 AMENDED MOTION TO EXTEND TIME TO FILE BRIEF 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 Amended Motion to Extend Time to File Brief. 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 October 1, 2015. B. The length of the extension sought: Appellant seeks a one-time extension of twenty (20) days within which to file Appellant’s Brief, to include the period from September 14, 2015 through October 1, 2015. C. The facts relied on to reasonably explain the need for an extension: Counsel for Appellant and author of this Brief, Ms. Guthrie, was due to give birth on September 22, but instead gave birth on September 12, ten days early. Ms. Guthrie has only returned to work part-time this week and was able to complete the Brief, which is being filed contemporaneously with this motion. In addition, the remaining counsel for Appellant were involved in consecutive trials in Harris and Bastrop Counties. Counsel for Appellee has not responded to this request. 2 D. The number of previous extensions granted regarding this extension: One extension has been sought and granted. Wherefore, premises considered, Appellant requests the Court grant an extension of time to file her Brief, and accept the Brief which is being filed along with this motion. 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 October 1, 2015, I attempted to confer with counsel for Appellee in this matter and we did not receive a response as of the filing of this motion. 3 _________ ________________ Robert L. Collins 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 2nd day of October, 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