ACCEPTED
03-15-00280-CV
5716292
THIRD COURT OF APPEALS
AUSTIN, TEXAS
6/17/2015 3:08:56 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00280-CV
In the Third Court of Appeals3rd COURT
FILED IN
OF APPEALS
AUSTIN, TEXAS
Austin, Texas 6/17/2015 3:08:56 PM
JEFFREY D. KYLE
_______________________________________________
Clerk
Michael J. DeLitta,
Appellant
v.
Nancy Schaefer
Appellee
_______________________________________________
UNOPPOSED MOTION FOR EXTENSION OF TIME
_____________________________________________________
TO THE HONORABLE THIRD COURT OF APPEALS:
Pursuant to Texas Rules of Appellate Procedure 38.6(d) and 10.5(b), Appellee
Nancy Schaefer files this motion for extension of time and would respectfully show the
Court as follows:
I.
Appellant filed his brief on June 10, 2015. In this accelerated appeal, Appellee’s
brief currently is due on Tuesday, June 30, 2015. Appellee requests that the Court grant
a 20-day extension of time by which to file her brief. Granting this motion would
make the brief due on July 20, 2015.
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II.
Tragedy has struck the TAYLOR, DUNHAM AND RODRIGUEZ family, as David
Dunham’s young son died unexpectedly. While Mr. Dunham is not counsel of record
in this appeal, the sad situation has created uncertainty in the small firm’s docket.
Additional time would allow the partners to support each other during this difficult
time, personally and professionally.
This extension is not sought for delay and is Ms. Schaefer’s first request for
extension of time in this case.
Appellant, through counsel, indicates that he does not oppose the relief sought
in this motion.
PRAYER
Appellee Nancy Schaefer asks the Court to grant her a 20-day extension, making
her brief due on July 20, 2015. Appellee also prays for any and all further relief to which
she may be entitled.
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Dated: June 17, 2015 Respectfully submitted,
By: /s/ Lisa Bowlin Hobbs
Donald R. Taylor Lisa Bowlin Hobbs
State Bar No. 19688800 State Bar No. 24026905
dtaylor@taylordunham.com Lisa@KuhnHobbs.com
Of Counsel Stacey Reese Kurt Kuhn
State Bar No. 24056188 State Bar No. 24002433
stacey@reeselawpractice.com Kurt@KuhnHobbs.com
TAYLOR DUNHAM & RODRIGUEZ LLP KUHN HOBBS PLLC
301 Congress Avenue, Suite 1050 3307 Northland Drive, Suite 310
Austin, Texas 78701 Austin, Texas 78731
(512) 473-2257 (512) 476-6003
(512) 478-4409 (fax) (512) 476-6002 (fax)
Howard F. Carter, Jr.,
State Bar No. 03916500
sam@scarterlawfirm.com
HOWARD F. CARTER, JR., P.C.
5600 Tennyson Parkway, Suite 160
Plano, Texas 75024
(972) 455-2001
(972) 455-2015 (fax)
CERTIFICATE OF CONFERENCE
Pursuant to Texas Rule of Appellate Procedure 10.1, I certify that, on June 16,
2015, I conferred with Douglas R. Drucker, counsel for Appellant, regarding this
motion via email. Mr. Drucker indicated that he is not opposed to the relief requested.
/s/ Lisa Bowlin Hobbs
Lisa Bowlin Hobbs
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CERTIFICATE OF SERVICE
I hereby certify that, on June 17, 2015, and in compliance with the Texas Rules
of Appellate Procedure, a true and correct copy of this motion has been served as
follows:
Douglas R. Drucker via e-Service
Kirby D. Hopkins
DRUCKER | HOPKINS LLP
21 Watery Avenue, Suite 300
The Woodlands, TX 77380
Counsel for Appellant
Eric J. Taube via e-Service
HOHMANN, TAUBE & SUMMERS LLP
100 Congress Avenue, 18th Floor
Austin, Texas 78701
Counsel for Axiom entities and
Jeff Compton
/s/ Lisa Bowlin Hobbs
Lisa Bowlin Hobbs
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