Lutheran Social Services of the South, Inc. v. Winnie Blount, Individually and as Next Friend of P.B., Minor Child, and John Blount, Individually and as Next Friend of P.B., Minor Child

Summarize Case

Related Cases

ACCEPTED 05-15-00380-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 8/18/2015 4:39:20 PM LISA MATZ CLERK NO. 05-15-00380-CV FILED IN 5th COURT OF APPEALS DALLAS, TEXAS IN THE COURT OF APPEALS 8/18/2015 4:39:20 PM FOR THE FIFTH DISTRICT OF TEXAS LISA MATZ DALLAS, TEXAS Clerk LUTHERAN SOCIAL SERVICES OF THE SOUTH, INC. Appellant, v. WINNIE BLOUNT, INDIVIDUALLY AND AS NEXT FRIEND OF P.B., MINOR CHILD, AND JOHN BLOUNT, INDIVIDUALLY AND AS NEXT FRIEND OF P.B., MINOR CHILD Appellees. ON APPEAL FROM THE 192ND JUDICIAL DISTRICT COURT, DALLAS COUNTY, TEXAS CAUSE NO. DC-14-02429 APPELLANT LUTHERAN SOCIAL SERVICES OF THE SOUTH, INC.’S MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF Darrell L. Barger Brian Rawson State Bar No. 01733800 State Bar No. 24041754 David W. Green Holly Naehritz State Bar No. 08347475 State Bar No. 24083700 Kristina L. Culley HARTLINE DACUS BARGER DREYER L.L.P. State Bar No. 24069558 8750 N. Central Expressway, Suite 1600 HARTLINE DACUS BARGER DREYER L.L.P. Dallas, Texas 75231 1980 Post Oak Blvd., Suite 1800 Telephone: 214-369-2100 Houston, Texas 77056 Facsimile: 214-369-2118 Telephone: 713-759-1990 Email: brawson@hdbdlaw.com Facsimile: 713-652-2419 hnaehritz@hdbdlaw.com Email: dgreen@hdbdlaw.com dbarger@hdbdlaw.com kculley@hdbdlaw.com COUNSEL FOR APPELLANT APPELLANT’S MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF Pursuant to Rule 10.5(b) of the Texas Rules of Appellate Procedure, Appellant Lutheran Social Services of the South, Inc. asks this Court to extend the time to file its Reply Brief and would show as follows: 1. Appellees are Winnie Blount, Individually and as Next Friend of P.B., minor child, and John Blount, Individually and as Next Friend of P.B., minor child. 2. This motion is filed before the deadline for filing Appellant’s Reply Brief, as required by Texas Rule of Appellate Procedure 38.6(d). 3. Appellee’s brief was filed on August 14, 2015 making Appellant’s Reply Brief due on September 3, 2015. Texas Rule of Appellate Procedure 38.6 (c). 4. Appellant requests an extension of 15 days to file its Reply Brief, extending the time until September 18, 2015. 5. No previous extensions by Appellant have been requested concerning its Reply Brief. 6. Appellant requests an extension of time in which to file its Reply Brief in order to allow time to adequately prepare its brief to aid the Court in consideration of this appeal. In support of this motion, Appellant would state the following: • Appellant requests an extension as appellant’s counsel has a number of time sensitive deadlines related to another appeal from a preliminary order from Bexar County, Texas which will require extensive briefing and input during the coming week; • Appellant’s counsel has previously planned and made arrangements for an out of state vacation during the week of August 25–September 1, 2015 which current due date falls almost immediately upon counsel’s return; 2 • In addition to taking care of other immediate deadlines, counsel is also attending to personal family matters related to my son’s death this past March, including a family gathering out of town in San Antonio on Thursday, August 18. 7. The undersigned has communicated with appellate counsel for the Appellee who does not oppose this motion. WHEREFORE, PREMISES CONSIDERED, Appellant Lutheran Social Services of the South, Inc. requests this Honorable Court grant this Motion for Extension of Time until September 18, 2015 to file its Reply Brief. CERTIFICATE OF CONFERENCE I hereby certify that I have conferred with opposing appellate counsel, Jeff Levinger, and he does not oppose the foregoing Appellant’s Motion for Extension of Time to File Reply Brief until the requested date of September 18, 2015. /s/ David W. Green David W. Green CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon counsel as indicated below on this 18th day of August, 2015. Muhammad S. Aziz ABRAHAM, WATKINS, NICHOLS, SORRELS, AGOSTO & FRIEND 800 Commerce Street Houston, Texas 77002 Jeffrey S. Levinger LEVINGER PC 1445 Ross Avenue, Suite 2500 Dallas, Texas 75202 /s/ David W. Green David W. Green 3