ACCEPTED
03-14-00035-CV
7759602
THIRD COURT OF APPEALS
AUSTIN, TEXAS
11/10/2015 10:47:08 AM
JEFFREY D. KYLE
CLERK
No. 03-14-00035-CV
FILED IN
____________________________________________________
3rd COURT OF APPEALS
AUSTIN, TEXAS
In the Third Court of Appeals of Texas 11/10/2015 10:47:08 AM
JEFFREY D. KYLE
Clerk
In the Estate of
Evelyn Landua Koehler, Deceased
An Appeal from County Court at Law No. 1 of Bell County, Texas
The Honorable Judge Edward Johnson, Presiding
Trial Court Cause No. 29,462
SECOND UNOPPOSED MOTION TO EXTEND TIME TO FILE
APPELLEE’S BRIEF ON THE MERITS
To the Honorable Court of Appeals:
Comes now Kanda Koehler, Appellee in the above case, and files this
Second Unopposed Motion to Extend Time to File Appellee’s Brief on the Merits.
In support of this Motion, Appellee shows as follows:
1. Appellants filed their Brief Requesting Oral Argument on September
18, 2015. Appellee’s Brief on the Merits was initially due on October 19, 2015.
2. Appellee previously requested an extension of time, which the Court
granted. The Court extended the time for the filing of Appellee’s Brief on the
Merits to November 18, 2015.
3. Appellee requests a second extension of time for 30 days to file her
brief. If granted, the extension would change the due date for Appellee’s Brief on
the Merits to December 18, 2015.
4. Good cause exists for the extension of time to file Appellee’s Brief in
this case. Counsel for Appellee has had to attend other court matters and lead
counsel has been out of the country for ten days attending to mediation and legal
ethics training of lawyers in the country of Uganda. Certainly, that trip was
planned and anticipated, but the extent of counsel’s backlog upon return was not
anticipated.
5. No party will be prejudiced by the extension of time requested. This
request is not sought for delay but so that justice may be done. Appellants do not
oppose this request. Therefore, Appellee requests that the Court extend Appellee’s
file date for her Brief on the Merits to December 18, 2015.
Wherefore, premises considered, Appellee respectfully requests this Court to
extend the time for filing her Brief on the Merits to December 18, 2015.
SECOND UNOPPOSED MOTION TO EXTEND TIME TO FILE
APPELLEE’S BRIEF ON THE MERITS PAGE 2
Respectfully submitted,
BAIRD, CREWS, SCHILLER & WHITAKER, P.C.
By: /s/ Jack R. Crews
JACK R. CREWS
State Bar Card No.: 05072300
(254) 743-7320 – Direct
E-mail: jackcrews@bcswlaw.com
KENNETH R. VALKA
State Bar Card No.: 20435300
(254) 743-7350 – Direct
E-mail: kenvalka@bcswlaw.com
BENJAMIN D. BURNETT
State Bar Card No.: 24072012
(254) 743-7324 – Direct
E-mail: benjaminburnett@bcswlaw.com
15 North Main Street
Temple, Texas 76501
Fax: (254) 774-9353
ATTORNEYS FOR APPELLEE
CERTIFICATE OF CONFERENCE
The parties in this case have conferred and no party opposes this Motion.
/s/ Benjamin D. Burnett
BENJAMIN D. BURNETT
SECOND UNOPPOSED MOTION TO EXTEND TIME TO FILE
APPELLEE’S BRIEF ON THE MERITS PAGE 3
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this document was sent to the
person(s) named below pursuant to Tex. R. App. P. 9.5(b) on November 10, 2015:
Robert Little
Kristen A. Mynar
Naman, Howell, Smith & Lee, PLLC
400 Austin Ave., Ste. 800
Waco, Texas 76701
ATTORNEYS FOR APPELLANTS
/s/ Ben Burnett
BENJAMIN D. BURNETT
SECOND UNOPPOSED MOTION TO EXTEND TIME TO FILE
APPELLEE’S BRIEF ON THE MERITS PAGE 4