ACCEPTED
03-15-00511-CV
7403410
THIRD COURT OF APPEALS
AUSTIN, TEXAS
10/16/2015 8:49:44 AM
JEFFREY D. KYLE
CLERK
DOCKET NO. 3-15-00511-CV
DIANE V. WADE § THIRD COURT OF
FILED IN
§ APPEALS3rd COURT OF APPEALS
AUSTIN, TEXAS
§ 10/16/2015 8:49:44 AM
V. § JEFFREY D. KYLE
Clerk
§
DAVID’S LANDSCAPING §
AND DAVID’S
LANDSCAPING, INC. AUSTIN, TEXAS
APPELLANT’S AGREED MOTION FOR EXTENSION
OF TIME TO FILE APPELLATE BRIEF
COMES NOW, Appellant Diane V. Wade, and pursuant to the
Texas Rules of Appellate Procedure 38.6(d) and 10.5(b), files this
Agreed Motion for Extension of Time to File Appellate Brief, and in
support thereof would show as follows:
I.
Appellant’s brief in this case is due October 19, 2015. Appellant is
seeking a 21-day extension of time to file the brief until November 9,
2015. Appellee agrees that Appellant should be granted this 21-day
extension of time to file his brief. Those issues have now been resolved.
This is the first request for an extension of time to file his brief made by
Appellant.
II.
Appellant’s counsel has had a very busy schedule this summer and
fall and will continue to have a very full docket for the next few weeks.
Appellant’s counsel is also a trial attorney and has a number of cases
pending before Travis County, Hays County and Williamson County
courts, as well as before courts of other counties in Texas. In addition,
Appellant’s counsel has recently gone through a divorce proceeding in
Travis County and has substantial responsibilities relating to his 11 and
13 year old sons. Inasmuch as his former spouse has less flexibility in
her job than Appellant’s counsel, the undersigned counsel has taken on a
large role in meeting the needs of his children, and will continue to do so
as the year progresses. Also, Appellant’s counsel has an 86-year old
mother living in Central Texas who is ill and needs substantial time and
attention, which only the undersigned counsel is situated to provide.
Further, the undersigned counsel’s life-long friend and cousin has
sustained severe injuries and needs the undersigned counsel’s care and
attention. The undersigned counsel has provided the same.
III.
This Motion is not filed for delay only, but so that justice may be
done. The undersigned counsel has personal knowledge of the facts set
forth in this Motion. Appellant respectfully requests that this Court
extend the deadline for filing Appellant’s brief until November 9, 2015.
WHEREFORE, PREMISES CONSIDERED, Appellant Diane V.
Wade respectfully requests that this Court grant her Agreed Motion for
Extension of Time to File Appellant’s Brief, and requests that the Court
grant such further and other relief to which Appellant may be entitled.
Respectfully submitted,
LAW OFFICE OF STUART WHITLOW
By: /s/ Stuart Whitlow__________
Stuart Whitlow
Texas Bar No.: 21378050
1104 S. Mays, Suite 116
Round Rock, Texas 78664
Tel. (737) 346-1839
Fax (512) 218-9235
Email stuartrtwhitlowlaw@yahoo.com
Attorney for Appellant
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and
foregoing legal instrument was served upon Robert House, Clark &
Trevino, 1701 Directors Boulevard, Suite 920, Austin, Texas 78744, in
accordance with the Texas Rules of Civil Procedure on the 16th day of
October, 2015.
_/s/Stuart Whitlow_________________
Stuart Whitlow
CERTIFICATE OF CONFERENCE
This is to certify that Stuart Whitlow, counsel for Appellant Diane V.
Wade conferred with counsel for Appellee and said counsel agreed that
Appellant should be granted three an extension of three weeks to file her
appellate brief.
_/s/Stuart Whitlow________
Stuart Whitlow