ACCEPTED
03-15-00242-CV
7379802
THIRD COURT OF APPEALS
AUSTIN, TEXAS
10/14/2015 4:42:52 PM
JEFFREY D. KYLE
CLERK
Case Number 03-15-00242-CV
IN THE THIRD DISTRICT COURT OF APPEALS FILED IN
3rd COURT OF APPEALS
at Austin AUSTIN, TEXAS
__________________________________________________________________
10/14/2015 4:42:52 PM
JEFFREY D. KYLE
Clerk
GUILLERMO OCHOA-CRONFEL,
Appellant,
v.
PATRICK C. MURRAY,
Appellee.
__________________________________________________________________
From Cause No. D-1-GN-11-002136 in the 345th Judicial District Court
of Travis County
__________________________________________________________________
UNOPPOSED MOTION FOR EXTENSION
TO FILE APPELLEE’S BRIEF
__________________________________________________________________
WALTERS, BALIDO & CRAIN, L.L.P.
Gregory R. Ave
State Bar No. 01448900
10440 North Central Expressway
Meadow Park Tower, Suite 1500
Dallas, Texas 75231
Telephone Number (214) 347-8310
Facsimile Number (214) 347-8311
Greg.ave@wbclawfirm.com
ATTORNEY FOR APPELLEE
October 14, 2015 PATRICK C. MURRAY
TO THE HONORABLE AUSTIN COURT OF APPEALS:
Appellee Patrick C. Murray (“Murray”) files this unopposed motion
for extension of time to file his Brief, pursuant to Texas Rule of Appellate
Procedure 10.5(b), and would show the Court as follows:
1. Current Deadline for Filing the Item in Question
Murray’s Brief is currently due on October 14, 2015.
2. Length of Extension Sought
Murray seeks a 30 day extension to file his brief, with the new
deadline being November 13, 2015.
3. Facts Relied on to Reasonably Explain the Need for an Extension
In mid-September the father of the undersigned counsel (Paul E. Ave)
became ill and was hospitalized in San Miguel de Allende, Mexico. Due to
his father’s advanced age (and that of his mother), it was necessary for the
undersigned counsel to travel to Mexico on September 21, 2015. The
undersigned counsel’s father passed away on September 22, 2015.
The undersigned remained in Mexico for an additional four days in
order to oversee the conclusion of his father’s affairs there, arrange for the
return of his father’s remains, and assist with his mother’s travel to the
United States. Additionally, the undersigned counsel has been taking steps
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to begin the administration of his father’s estate (as his executor) and
attended his father’s funeral on October 9, 2015.
Moreover, the undersigned counsel for Murray has recently been
attending to, overseeing, involved with, or responsible for:
a. The drafting and filing of the Brief of Appellee
in case number 08-15-00067-CV, styled Harold
A. Rumzek v. Bryan D. Lucchesi, and pending in
the El Paso Court of Appeals [filed September
10, 2015];
b. The drafting and filing of the Brief of Appellee
Oxford Townhome Addition Homeowners
Association, Inc. in case number 05-15-00054-
CV, styled Barbara Meredith v. Oxford
Townhomes, LLC, et al., and pending in the
Dallas Court of Appeals [filed September 11,
2015];
c. The drafting and filing Plaintiff’s Response
and Brief in Support in Opposition to
Defendants’ Motion to Correct Judgment, or,
Alternatively, Motion for Relief from
Judgment or to Alter or Amend Judgment and
Brief in Support in case number 3:14-cv-03314-
K, styled Ascendant Renewable Energy
Corporation v. Tang Energy Group, Ltd., et al.,
and pending in the United States District
Court Northern District [filed September 14,
2015];
d. The drafting and filing of Appellant’s Reply
Brief in case number 15-10478, styled National
Casualty Company v. Alice Gonzalez d/b/a A&J
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Transport, and pending in the United States
Court of Appeals for the Fifth Circuit [filed
September 17, 2015];
e. Initially preparing Plaintiff’s Response and
Brief in Support in Opposition to Defendants’
Motion to Alter or Amend Judgment,
Alternatively, for Relief from Judgment and
Brief in Support in case number 3:14-cv-03314-
K, styled Ascendant Renewable Energy
Corporation v. Tang Energy Group, Ltd., et al.,
and pending in the United States District
Court Northern District [filed September 22,
2015];
f. Handling various responsibilities as the
managing partner of Walters, Balido & Crain,
L.L.P.; and
g. Attending to other pressing personal and
professional responsibilities.
This extension of time will not materially delay the Court’s review of
this matter; rather, it will provide sufficient time to permit Murray’s
counsel to prepare Murray’s brief on the merits in the professional manner
that the Court and parties expect.
4. Previous Extensions Granted Regarding Brief of the Merits
Murray has not sought nor received a previous extension of time in
which to file his brief in this matter.
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5. Purpose for Extension
Murray seeks an extension of time in which to file his brief in order to
allow its counsel to attend to certain personal matters (including various
matters associated with his father’s death) and prepare a thorough and
professional brief the Court and opposing counsel expect. Murray does not
seek this extension for the purpose of delay, but so that justice may be
done.
6. Ochoa-Cronfel Does Not Oppose This Motion
The undersigned counsel for Murray contacted Paul T. Morin,
Esquire, counsel for Appellant Guillermo Ochoa-Cronfel (“Ochoa-
Cronfel”), regarding the instant extension sought by Murray on October 14,
2015. Ochoa-Cronfel does not oppose the extension of time sought by
Murray.
WHEREFORE, PREMISES CONSIDERED, Appellee Patrick C.
Murray respectfully prays that this Court grant his unopposed motion for a
thirty (30) day extension of time in which to file his brief and for such other
and further relief to which it may be justly entitled.
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Respectfully submitted,
WALTERS, BALIDO & CRAIN, L.L.P.
By: /s/ Gregory R. Ave
Gregory R. Ave
Texas State Bar No. 01448900
greg.ave@wbclawfirm.com
10440 North Central Expressway
Meadow Park Tower, Suite 1500
Dallas, Texas 75231
(2l4) 347-8310
(2l4) 347-8311 (facsimile)
ATTORNEY FOR APPELLEE
PATRICK C. MURRAY
CERTIFICATE OF SERVICE
On October 14, 2015, a true and correct copy of the foregoing was
sent to opposing counsel of record as follows:
Paul T. Morin, Esquire Via E-serve
Paul T. Morin, P.C.
503 W. 14th Street
Austin, Texas 78701
ATTORNEY FOR APPELLANT
GUILLERMO OCHOA-CRONFEL
Guillermo Ochoa-Cronfel, Esquire Via E-serve
2700 Bee Cave Road, Suite 103
Austin, Texas 78746
APPELLANT
/s/ Gregory R. Ave
Gregory R. Ave
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