Judy Weirich v. IESI Corporation and Southside Wrecker, Inc.

ACCEPTED 03-14-00819-cv 4426796 THIRD COURT OF APPEALS AUSTIN, TEXAS 3/9/2015 4:11:16 PM JEFFREY D. KYLE CLERK NO. 03-14-00819-CV FILED IN IN THE COURT OF APPEALS FOR THE 3rd COURT OF APPEALS THIRD COURT OF APPEALS DISTRICT AUSTIN, TEXAS AUSTIN, TEXAS 3/9/2015 4:11:16 PM JEFFREY D. KYLE Clerk Judy Weirich v. IESI Corp. and Southside Wrecker, Inc. APPELLANT’S MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLANT TO THE HONORABLE COURT OF APPEALS: Appellant Judy Weirich, respectfully present this motion to extend time to file her brief pursuant to TEX. R. APP. P. 10.5(b) and 38.6(d). In support of her motion, Appellant would show the Court as follows: I. This Court received the clerk’s record on February 4, 2015. This Court received the court reporter’s record on February 5, 2015. II. Appellant requests an additional 30 days from March 9, 2015, or up to and including April 8, 2015 within which to file the brief. This extension is necessary because the following matters have prevented the completion of the brief and/or will preclude the undersigned from doing so sooner than March 9, 2015: Personal and business commitments of Appellant’s counsel which prohibited counsel from preparing the brief within the deadline. Page 1 of 3 For this reason, the undersigned did not complete the Appellant’s brief by its current due date and respectfully requests an additional 30 days from March 9, 2015 within which to do so. The extension is not sought only for delay, but so that justice can be done. WHEREFORE, PREMISES CONSIDERED, Appellant respectfully requests that the Court grant her motion for extension of time in which to file her brief, extend the current March 9, 2015 deadline 30 days from the date of filing this appeal, up to and including April 8, 2015 and that the Court grant such other and further relief to which Appellant may show herself to be justly and equitably entitled. Respectfully submitted, ZACHARY P. HUDLER, P.C. By: /S/ Zachary P. Hudler Zachary P. Hudler Zachary P. Hudler State Bar No. 24032318 P.O. Box 1728 100 E. Pecan Street, Suite One Johnson City, Texas 78636 830.868.7651 (Telephone) 830.868.7636 (Facsimile) ATTORNEY FOR APPELLANT Page 2 of 3 CERTIFICATE OF CONFERENCE I hereby certify that Counsel for Appellant attempted to confer with IESI Corp.’s attorney Vaughan Waters by telephone, on March 9, 2015 regarding the merits of this Motion but was unable to reach him. Counsel for Appellant conferred with George Petras, counsel for Southside Wrecker, Inc. and he stated that he was not opposed to this request. This motion is being presented for the court’s consideration. /S/ Zachary P. Hudler Zachary P. Hudler CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been sent to counsel listed below in the following manner on this the 9th day of March, 2015. VIA E-SERVICE Mr. George J. Petras IV The Petras Law Firm 1504 San Antonio Street Austin, Texas 78701 Attorney for Southside Wrecker, Inc. gpetras@petraslawfirm.com VIA E-SERVICE Mr. Vaughan Waters Thorton, Biechlin, Segrato, Reynolds & Guerra, L.C. 100 N.E. Loop 410 San Antonio, Texas 78216 Attorneys for IESI Corporation vwaters@thortonfirm.com _/S/ Zachary P. Hudler Zachary P. Hudler Page 3 of 3