River City Drywall, LLC// Cross-Appellants,Eric Hanlon and Nalinh Hanlon v. Eric Hanlon and Nalinh Hanlon// Cross-Appellee, River City Drywall, LLC

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ACCEPTED 03-17-00482-CV 21332943 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/15/2017 4:28 PM JEFFREY D. KYLE CLERK No. 03-17-00482-CV FILED IN 3rd COURT OF APPEALS In the Third Court of Appeals AUSTIN, TEXAS Austin, Texas 12/15/2017 4:28:32 PM JEFFREY D. KYLE Clerk River City Drywall, LP Appellant and Cross-Appellee v. Eric Hanlon and Nalinh Hanlon Appellees and Cross-Appellants On Appeal from the 98th Judicial District Court of Travis County, Texas Trial Court Cause No. D-1-GN-15-002089 APPELLANT’S AND CROSS-APPELLANTS’ JOINT MOTION FOR EXTENSION OF TIME TO FILE BRIEF TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS: 1. Appellant’s Brief is due on December 18, 2017. Cross-Appellants’ Brief is due on January 5, 2018. Appellant and Cross-Appellants jointly request an extension of time until February 5, 2018 to file their respective Brief . 2. The parties to this appeal are also parties in a federal declaratory judgment action case in Case No. 1:17-CV-00853-SS, styled Mid-Continent Casualty Company v. River City Drywall Services, LP, Eric Hanlon and Nalinh Hanlon, in the United States District Court, Western District of Texas, Austin Division. The declaratory judgment action specifically involves coverage issues related to the Judgment being appealed herein. The parties mediated the federal declaratory judgment action on December 6, 2017 with mediator Paul J. Van Osselaer. Appellant’s and Cross-Appellants’ Joint Motion for Extension of Time to File Brief Page 1 of 3 3. Although the matter was not resolved on December 6, 2017, the parties have extended negotiations. 4. A successful mediation in the federal declaratory judgment would likely obviate the necessity of the appeal herein for all parties. In addition, minimizing appellate expenses to the parties during post-mediation negotiations could at increase the likelihood of a successful mediation. Therefore, in the interest of judicial economy, Appellants and Cross-Appellants jointly request an extension of time to file their respective Briefs until February 5, 2018. 5. This is Appellant’s and Cross-Appellants’ second request for an extension to file their Brief and it is not sought for the purposes of delay, but so that justice may be done. FOR THE FOREGOING REASONS, Appellant and Cross-Appellants jointly request that the Court grant this motion and extend the deadline to file their Brief until February 5, 2018. Respectfully submitted, KIESTER CICCONE BOLLIER, LLP 611 W. 14th Street Austin, Texas 78701 (512) 477-5796 Telephone (512) 477-5821 Facsimile By: /s/Anthony F. Ciccone Anthony F. Ciccone State Bar No. 24040692 tony@klclawyers.com Emily E. Landeros State Bar No. 24095477 emily@klclawyers.com ATTORNEYS FOR CROSS-APPELLANTS Appellant’s and Cross-Appellants’ Joint Motion for Extension of Time to File Brief Page 2 of 3 CHAMBERLAIN MCHANEY 301 Congress Ave., 21st Floor Austin, Texas 78701 (T) 512-474-9124 | (F) 512-474-8582 By: /s/ Adrian Ciechanowicz David E. Chamberlain SBN: 04059800 (E) dchamberlain@chmc-law.com Adrian Ciechanowicz SBN: 24045659 (E) aciechanowicz@chmc-law.com ATTORNEYS FOR CROSS-APPELLANTS CERTIFICATE OF CONFERENCE I hereby certify that on December 15, 2017 I spoke with Adrian Ciehanowicz, Chamberlain & McHaney, and we agreed to jointly submit this Motion. /s/Anthony F. Ciccone Anthony F. Ciccone CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been served on Adrian Ciehanowicz, Chamberlain & McHaney, by telephonic document transfer to 512-474-8582, or by e-mail this 15th day of December, 2017. /s/Anthony F. Ciccone Anthony F. Ciccone Emily E. Landeros Appellant’s and Cross-Appellants’ Joint Motion for Extension of Time to File Brief Page 3 of 3