ACCEPTED
09-17-00203-CV
NINTH COURT OF APPEALS
BEAUMONT, TEXAS
12/12/2017 12:09 PM
CAROL ANNE HARLEY
CLERK
No. 09-17-00203
In the Ninth Court of Appeals FILED IN
at Beaumont, Texas 9th COURT OF APPEALS
BEAUMONT, TEXAS
12/12/2017 12:09:47 PM
CAROL ANNE HARLEY
LAURA KATHLEEN FIELDING, ADMINISTRATOR OF Clerk
THE ESTATE OF
CHARLES W. HODGE
Appellant
v.
JANNIECE TULLOS
Appellee
On Appeal from Cause No. D-160,234-C
in the 260th District Court of Orange County, Texas
UNOPPOSED MOTION TO EXTEND TIME TO FILE
APPELLEE’S BRIEF
To the Honorable Court:
Appellee, Janniece Tullos, files this Unopposed Third Motion for Extension of Time to
file Appellee’s Brief and would respectfully show as follows:
I.
Time Requested for Extension
Appellee’s Brief is currently due on Friday, December 15, 2017. Appellee requests an
extension up to and including Monday, January 15, 2018, to file Appellee’s Brief in this matter.
Appellee requests an extension of thirty days. This is Appellee’s third request for an extension.
II.
The Extension is Unopposed
Counsel for Appellant does not oppose the extension.
III.
Grounds for Extension
In addition to preparing the Brief in this case, the undersigned Appellee’s counsel have
had numerous other work-related commitments including preparation of other briefs and for oral
argument in another case for attorney Gaultney, travel to out of state depositions for Clark and
Smith, and extensive care of her mother for Chamblin. This is the last request by Appellee for an
extension and the request is for thirty days because the thirty days includes the Christmas
holidays.
IV.
Authority to Grant Extension
The Court may grant an extension of time to file a response under the authority of Texas
Rule of Appellate Procedure 10.5(b). Because this is an unopposed motion to extend time to file
a brief, this motion may be determined by the Court without waiting the 10-day submission
period. See Tex.R.App.P 10.3(a)(1)(2).
V.
This request will not unnecessarily delay disposition of this matter, but will allow
Appellee adequate opportunity to prepare a response that will be of maximum benefit to the
Court.
VI.
This motion is not brought for purposes of delay, but so that justice may be
accomplished.
WHEREFORE, Appellee prays that this Court grant Appellee an extension up to and
including Monday, January 15, 2018, to file Appellee’s Brief and for such other and further relief
to which Appellee may be justly entitled.
Respectfully submitted,
Sandra F. Clark
David Gaultney Sandra F. Clark
State Bar No. 07765300 State Bar No. 04294520
davidgaultney@mehaffyweber.com sandraclark@mehaffyweber.com
MehaffyWeber, P.C. Patricia D. Chamblin
823 Congress Avenue, Suite 200 State Bar No. 04086400
Austin, Texas 78701 patriciachamblin@mehaffyweber.com
Phone: (512) 394-3840 Michele Y. Smith
Fax: (512) 394-3860 State Bar No. 00785296
michelesmith@mehaffyweber.com
Steve Parkhurst
MehaffyWeber, P.C.
State Bar No. 00797206
2615 Calder, Suite 800
sparkhurst@dieslaw.com
Dies & Parkhurst Beaumont, Texas 77702
Phone: (409) 835-5011
1009 Green Avenue
Fax: (409) 835-5177
Orange, Texas 77630
Phone: (409) 883-0829 ATTORNEYS FOR APPELLEE, JANNIECE
Fax: (409) 670-0888 TULLOS
CERTIFICATE OF CONFERENCE
As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I have
conferred with Appellant’s counsel, Terry Wood, by email and Appellant is unopposed to this
Motion.
Sandra F. Clark
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 Appellant on the 12th day of December, 2017 as follows:
Terry W. Wood Via E-File and E-Mail
Terry W. Wood, PC terry@twwoodpc.com
2530 Calder Avenue
Beaumont, TX 77702
Sandra F. Clark
Laura Kathleen Fielding, Administrator of the Estate of Charles W. Hodge v. Janniece Tullos
Combined Opinion