ACCEPTED
03-14-00535-CV
4953214
THIRD COURT OF APPEALS
AUSTIN, TEXAS
April 20, 2015 4/20/2015 1:48:55 PM
JEFFREY D. KYLE
CLERK
NO. 03-14-00535-CV
___________________________________________________
IN THE COURT OF APPEALS
FOR THE THIRD DISTRICT OF TEXAS
AT AUSTIN, TEXAS
___________________________________________________
David Young,
Appellant,
v.
Trails End Homeowners Association, Inc., TLS Properties, Ltd.,
TLS Operating Company, LLC, Van Keene and Rick Durapau,
Appellees.
On Appeal from the 200th Judicial District Court of Travis County, Texas
(Honorable Scott H. Jenkins, of the 53rd Judicial District Court, Presiding)
Trial Court Cause No. D-1-GN-10-003864
AMENDED JOINT AND UNOPPOSED MOTION FOR
EXTENSION OF TIME TO FILE APPELLEE’S BRIEFS
TO THE HONORABLE COURT OF APPEALS:
COMES NOW Appellees Trails End Homeowners Association, Inc.,
TLS Properties, Ltd., TLS Operating Company, LLC and Van Keene
(“Appellees”), and file this Amended Joint and Unopposed Motion for
Extension of Time to File Appellee’s Briefs, seeking a 30 day extension of
time in which to file their briefs, thereby extending the deadline of April 22,
2015, up to and including May 22, 2015.
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1. Appellant’s brief was originally due on or about December 19,
2014. After obtaining three separate extensions, Appellant’s deadline was
ultimately extended to March 18, 2015, when it filed its brief. Upon the
Court’s instruction, Appellant filed a corrected version of their brief on
March 23, 2015. As a result, the current deadline for Appellees to file their
briefs is April 22, 2015.
2. Pursuant to Rules 10.5(b) and 38.6(d), of the Texas Rules of
Appellate Procedure, Appellee seeks a twenty (30) day extension of time in
which to file their briefs, thus extending the deadline up to and including
May 22, 2015.
3. Appellees seek the requested extension of time because
Appellee’s agreement to extend Appellants’ deadline to file its brief on at
least two occasions resulted in Appellee’s deadline to fall at a time when its
lead trial and appellate counsel’s travel schedule has been burdened with
personal and professional activities– both within and outside the State of
Texas – that command significant expenditures of time.
4. Appellees have not requested any previous extensions of time in
this proceeding. This motion is filed in good faith and is not sought for
purposes of obstruction or delay, but rather is requested so that justice may
be done.
2
5. No party, including Appellant, opposes the extension. After
conferring, all parties have agreed to the relief requested herein.
6. WHEREFORE PREMISES CONSIDERED, Appellees
respectfully request that the Court grant their joint and unopposed motion
to extend the time to file their briefs by thirty (30) days to and including
May 22, 2015.
Respectfully submitted,
JACKSON WALKER L.L.P.
By: /s/ Christopher R. Mugica
Christopher R. Mugica
State Bar No. 24027554
cmugica@jw.com
Emilio B. Nicolas
State Bar No. 24058022
enicolas@jw.com
100 Congress Avenue, Suite 1100
Austin, Texas 78701
(512) 236-2000
(512) 236-2002 – Fax
and
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W. Thomas Buckle
State Bar No. 03299000
tbuckle@sbylaw.com
Jeff Tippens
State Bar No. 24009121
jtippens@sbylaw.com
Scanlan, Buckle & Young, P.C.
602 West 11th Street
Austin, Texas 78701
(512) 478-4651
(512) 478-7750 – Fax
ATTORNEYS FOR APPELLEE
TRAILS END HOMEOWNERS
ASSOCIATION, INC. AND VAN
KEENE
STRASBURGER & PRICE, LLP
By: /s/Derek Quick
Derek Quick
State Bar No. 24072471
derek.quick@strasburger.com
720 Brazos Street, Suite 700
Austin, Texas 78701
(512) 499-3600
(512) 499-3660 - Fax
ATTORNEYS FOR APPELLEES
TLS PROPERTIES, LTD. AND
TLS OPERATING COMPANY,
LLC
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CERTIFICATE OF CONFERENCE
In accordance with Rule 10.1(a)(5) of the Texas Rules of Appellate
Procedure, this is to certify that on April 16, 2015 the undersigned counsel
for Appellees Trails End Homeowners Association, Inc. and Van Keene
conferred with counsel for Appellant regarding the merits of the foregoing
motion, and Mr. Casey indicated that he agrees with the relief requested
therein. Furthermore, on April 20, 2015 the undersigned counsel also
conferred with Pro Se Appellee, Rick Durapau regarding the merits of the
foregoing motion, and Mr. Durapau indicated that he agrees with the relief
requested therein.
/s/ Christopher Mugica
Christopher Mugica
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CERTIFICATE OF SERVICE
This is to certify that on this 20th day of April, 2015, a true and correct
copy of the above and foregoing document was electronically mailed to the
parties registered or otherwise entitled to receive electronic notices in this
case pursuant to the Electronic Filing Procedures in this Court and/or via
electronic mail upon:
Stephen Casey
Casey Law Office, P.C.
595 Round Rock West Drive, Suite 102
Round Rock, Texas 78681
Stephen@caseylawoffice.us
Rick Durapau, Pro Se
11907 Misty Brook Drive
Austin, Texas 78727
rdurapau@gmail.com
/s/ Christopher R. Mugica
Christopher R. Mugica
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