ACCEPTED
05-15-00413-CV
FIFTH COURT OF APPEALS
DALLAS, TEXAS
9/24/2015 3:30:21 PM
LISA MATZ
CLERK
No. 05-15-00413-CV
_________________________________________
FILED IN
IN THE COURT OF APPEALS 5th COURT OF APPEALS
FIFTH DISTRICT OF TEXAS AT DALLAS DALLAS, TEXAS
9/24/2015 3:30:21 PM
_________________________________________
LISA MATZ
Clerk
JOHN C. GANTER,
Appellant
v.
INDEPENDENT BANK,
F/K/A/ UNITED COMMUNITY BANK, N.A,
Appellee
_________________________________________
APPEAL FROM THE 298TH DISTRICT COURT
DALLAS COUNTY, TEXAS
Honorable Emily Tobolowsky, Judge Presiding
_________________________________________
THIRD MOTION FOR EXTENSION
OF TIME TO FILE APPELLEE’S BRIEF
To the Honorable Court of Appeals:
Pursuant to Tex. R. App. P. 10.5(b) and 38.6(d), Appellee Independent Bank
(Appellee) files this Motion seeking a third extension of 28 days to file Appellee’s Brief
and respectfully shows the Court as follows:
1. This is Appellee’s third requested extension of time.
2. Pursuant to the Court of Appeals’ order dated August 26, 2015, Appellee’s
Brief is due on September 25, 2015. Appellee requests a third 28-day extension to file the
Brief.
3. Appellee requests the extension because the undersigned counsel, lead trial
and appellate counsel for Appellee, has been unable to complete the Brief due to numerous
conflicting matters, including preparing for pretrial and trial in the United States District Court
for Western District of Texas in a case styled Paso del Norte Motors, LP v. Tri Star Partners, LLC,
Cause No. 3:15-cv-00033-PRM, as well as preparation for multiple arbitration proceedings.
Additionally, lead trial and appellate counsel for Appellee continues to deal with a number
of health issues necessitating his absence from work.
4. As of the date of this Motion, counsel for Appellant has not responded to
counsel for Appellee’s attempts to conference regarding this motion.
WHEREFORE, Appellee Independent Bank prays that this Court extend the
deadline to file Appellee’s Brief by 28 days, and for such other relief to which it may be
justly entitled.
Respectfully submitted,
/s/ Brandon Starling________________
Timothy D. Zeiger
State Bar No. 22255950
Brandon Starling
State Bar No. 24047556
SHACKELFORD, MELTON,
MCKINLEY,
AND NORTON LLP
3333 Lee Parkway, Tenth Floor
Dallas, Texas 75219
Telephone (214) 780-1400
Telecopy (214) 780-1401
tzeiger@shackelfordlaw.net
bstarling@shackelfordlaw.net
COUNSEL FOR APPELLEE
CERTIFICATE OF CONFERENCE
On September 23, 2015, I attempted to conference with counsel for Appellant
Michael Lang via email and telephone, but he did not respond to my attempts. On
September 24, 2015, I again attempted to confer with Mr. Lang via email, but as of the date
of this Motion, Mr. Lang has not responded to my attempts.
/s/ Brandon Starling________________
Brandon Starling
CERTIFICATE OF SERVICE
A true copy of the foregoing Motion was served on September 24, 2015, on the
following:
Michael J. Lang
mlang@ghjhlaw.com
Gruber Hurst Elrod Johansen Hail Shank LLP
1445 Ross Avenue, Suite 2500
Dallas, Texas 75202
/s/ Brandon Starling________________
Brandon Starling
John C. Ganter v. Independent Bank, F/K/A United Community Bank, N.A.
Combined Opinion