AAMCO Transmissions, Inc. v. James A. Bova

ACCEPTED
01-14-00974-cv
FIRST COURT OF APPEALS
HOUSTON, TEXAS
4/28/2015 5:03:55 PM
CHRISTOPHER PRINE
CLERK

CAUSE NO. 01-14-00974-CV

FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
In The 4/28/2015 5:03:55 PM
Court of Appeals CHRISTOPHER A. PRINE
For The Clerk
st
1 District of Texas
________________________________________

AAMCO TRANSMISSIONS, INC.
Appellant,

JAMES A. BOVA
Appellee.
________________________________________

On Appeal from the 113th Judicial District Court
Harris County, Texas
Trial Court No. 2013-77066
________________________________________

Appellee’s Motion to Extend Time to File Reply to Appellant’s Brief
________________________________________

Mestemaker, Straub & Zumwalt
David K. Mestemaker
SBN: 13974600
FBN: 14410
3100 Timmons Lane
Suite 455
Houston, Texas 77027
Telephone: (713) 626-8900
Facsimile: (713) 626-8900
Counsel for Appellant
APPELLEE’S MOTION TO EXTEND TIME TO FILE REPLY TO
APPELLANT’S BRIEF

COMES NOW, JAMES A. BOVA, Appellee in the above- entitled and numbered

cause, by and through his attorney, David K. Mestemaker of Mestemaker, Straub &

Zumwalt, and files this Motion to Extend Time to File Reply to Appellant’s Brief, and in

support thereof, would respectfully show unto the Court as follows:

1. This matter is on appeal from the 113th District Court of Harris County. The

matters on appeal are the rulings from a Default Judgment that resulted in a Final

Judgment signed on June 9, 2014. The Trial Court cause number is 2013-77066. The case

was styled James A. Bova v. AAMCO Transmissions, Inc.

2. Appellee’s reply brief is due on Thursday, April 30, 2015. Appellant seeks

an extension of time of 21 days, making Appellee’s reply brief due on Thursday, May 21,

2015.

3. Due to Appellee’s counsel’s schedule, of preexisting hearing and trial dates,

it would be difficult and impose a hardship for Appellee’s counsel to properly reply to

Appellant’s brief.

4. This Motion is not being made for the purpose of delay, but so that justice

may be done.

5. Appellee prays that this Court grant Appellee an extension of time to file

his reply to Appellant’s brief, pursuant to Texas Rules of Civil Procedure 10.5 and

38.6(d), to at least May 21, 2015, and all other relief, at law or in equity, to which he

shows himself justly entitled.
Respectfully Submitted:

Mestemaker, Straub & Zumwalt

/s/ David K. Mestemaker
____________________________
Mestemaker, Straub & Zumwalt
David K. Mestemaker
SBN: 13974600
FBN: 14410
3100 Timmons Lane
Suite 455
Houston, Texas 77027
Telephone: (713) 626-8900
Facsimile: (713) 626-8900
Counsel for Appellant

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 all other parties on April 28, 2015.

Respectfully Submitted:

Mestemaker, Straub & Zumwalt