ACCEPTED
05-17-01139-CV
FIFTH COURT OF APPEALS
DALLAS, TEXAS
6/4/2018 1:49 PM
LISA MATZ
CLERK
05-17-01139-CV
IN THE COURT OF APPEALS FILED IN
5th COURT OF APPEALS
FIFTH JUDICIAL DISTRICT OF TEXAS DALLAS, TEXAS
AT DALLAS 06/04/2018 1:49:31 PM
LISA MATZ
Clerk
ROYAL SERVICES GROUP, LP, GP ROYAL, LLC, STEPHEN F.
PERKINS and S. PERKINS INVESTMENT PROPERTIES, INC.,
Appellants,
vs.
SCOTT FISHER and KRISTI FISHER,
Appellees.
MOTION FOR EXTENSION OF TIME TO FILE
BRIEF OF APPELLEES
_____________________________________________________________
TO THE HONORABLE FIFTH COURT OF APPEALS:
NOW COMES SCOTT FISHER and KRISTI FISHER (Appellees),
and file their Motion for Extension of Time to File Brief of Appellees and
would respectfully show the Court the following:
MOTION OF EXTENSION OF
TIME TO FILE BRIEF OF APPELLEES,
Page 1.
I.
GROUNDS FOR MOTION
1. Scott Fisher and his wife, Kristi Fisher, are the Appellees in the above
entitled and numbered cause.
2. The Brief of Appellees is presently due on Friday, June 8, 2018 (i.e. 30
days after the filing of the Brief of Appellants on Wednesday, May 9,
2018).
3. For the following reasons, Appellees request an extension of time of 45
days (or until Friday, July 20, 2018) to file their Brief of Appellees:
a). Appellees’ Counsel, Carl David Adams, Esquire (Adams), a
solo practitioner, has been required to devote substantial time just
before and/or after the filing of the Brief of Appellants in this
Court, to the preparation and filing of a Response, in Adversary
Proceeding #17-02002-rlj, in Jerry Artho v. Happy State Bank,
et al., in the U.S. Bankruptcy Court for the Northern District of
Texas, Amarillo Division, filed May 7, 2018 (Artho v. Happy
State Bank).
b). Adams has been required to devote substantial time just
before and/or after the filing of the Brief of Appellants in this
Court, to the preparation for, traveling to and participating in a
hearing lasting approximately 3 ½ hours on Thursday, May 10,
2018, in the U.S. Bankruptcy Court for the Northern District of
Texas, Amarillo Division, conducted regarding various pending
Motions of the parties in the above-described Artho v. Happy
State Bank matter.
c). Adams has been required to devote substantial time just
before and/or after the filing of the Brief of Appellants in this
MOTION OF EXTENSION OF
TIME TO FILE BRIEF OF APPELLEES,
Page 2.
Court, to the preparation and filing of Plaintiff’s Motion to Strike
Defendant’s Motion to Change Venue under Rule 257, in Kevin
R. Bowden v. Textron, Inc., et al., in the 342nd District Court of
Tarrant County, Texas, filed May 8, 2018 (Bowden v. Textron,
Inc.).
d). Adams has been required to devote substantial time just
before and/or after the filing of the Brief of Appellants in this
Court, to the preparation and filing of Plaintiff’s Motion to Strike
Defendant’s Motion to Reconsider Prior Venue Rulings, in the
above-described Bowden v. Textron, Inc., matter, filed May 8,
2018.
e). Adams has been required to devote substantial time just
before and/or after the filing of the Brief of Appellants in this
Court, to the preparation and filing of Plaintiff’s Response to
“So-Called” Rule 257 Motion to Transfer Venue by Defendant
Center Country Club, Inc., in the above-described Bowden v.
Textron, Inc., matter, filed May 11, 2018.
f). Adams has been required to devote substantial time just before
and/or after the filing of the Brief of Appellants in this Court, to
the preparation and filing of an Application for Probate of Will
and Issuance of Letters Testamentary, in the Estate of Roger F.
Moore, Deceased (Adams’ longtime friend and client of over 35
years, who died May 10, 2018, and whose Memorial Service in
which Adams was a participant was May 30, 2018), Case #PB1-
1165-2018, in the Probate Court of Collin County, Texas, on
June 1, 2018.
g). Adams has been required to devote substantial time just
before and/or after the filing of the Brief of Appellants in this
Court, to the preparation for, traveling to and participation in a
scheduled hearing on May 24, 2018, on Plaintiffs’ Application
for Post-Judgment Turn-over Relief sought by Scott and Kristi
Fisher, in the 219th District Court of Collin County, Texas, in its
Cause #219-01665-2014, in Fisher v. Stephen F. Perkins, et al.
MOTION OF EXTENSION OF
TIME TO FILE BRIEF OF APPELLEES,
Page 3.
h). Adams is presently scheduled to begin a Jury Trial on
Tuesday, July 10, 2018, in the case of Michael R. Herrington v.
Lisa Herrington Morgan, Individually and as Independent
Executrix of the Estate of Carol Ann Herrington, Deceased, in
Cause #PR-15-109A, in the County Court at Law of Rockwall
County, Texas (and, unless the trial setting is continued, much of
the week of July 2, 2018, which includes the Holiday of July 4,
2018, will be required to be spent in preparation for the jury trial
in that scheduled matter).
4. Appellees request this Court extend, by 45 days (or until Friday, July
20, 2018) the deadline for the filing of their Brief as Appellees.
5. There have been no previous extensions requested or granted with
regard to the Brief of Appellees.
6. Appellees seek this extension of time in the interest of justice and not
to delay this matter or increase the burdens on this Court's important
time.
Respectfully submitted,
THE LAW OFFICES OF
CARL DAVID ADAMS
6440 North Central Expressway
Suite 505
Dallas, Texas 75206
(214) 468-3032 phone
(214) 871-5090 fax
/s/ Carl David Adams
____________________
MOTION OF EXTENSION OF
TIME TO FILE BRIEF OF APPELLEES,
Page 4.
Carl David Adams
State Bar #00850600
carldavidadams@hotmail.com
ATTORNEY FOR APPELLEES,
SCOTT and KRISTI FISHER
CERTIFICATE OF CONFERENCE
Counsel for Appellees has conferred with Counsel for Appellants with
respect to the foregoing Motion (including providing a copy of the Motion to
Counsel for Appellants). Counsel for Appellants has stated in writing that
Appellants do not oppose the relief requested in the Motion.
Certified to this 4th day of June 2018 by:
/s/ Carl David Adams
______________________
Carl David Adams
MOTION OF EXTENSION OF
TIME TO FILE BRIEF OF APPELLEES,
Page 5.