ACCEPTED
03-15-00034-CV
5930003
THIRD COURT OF APPEALS
AUSTIN, TEXAS
7/2/2015 7:46:36 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00034-CV
IN THE THIRD COURT OF APPEALS FILED IN
AUSTIN, TEXAS 3rd COURT OF APPEALS
AUSTIN, TEXAS
7/2/2015 7:46:36 PM
JEFFREY D. KYLE
JUAN O. LOPEZ d/b/a J.J. CONSTRUCTION CO., Clerk
Appellant
v.
DAVE H. BUCHHOLZ and MARY A. BUCHHOLZ
Appellees
On Appeal from the 274th Judicial District Court of Comal County, Texas
Cause No. C2014-0259C
APPELLEE’S UNOPPOSED MOTION
TO EXTEND TIME TO FILE RESPONSE TO APPELLANT’S BRIEF
TO THE HONORABLE COURT OF APPEALS:
Appellees, Dave H. Buchholz and Mary A. Buchholz, pursuant to TEX. R.
APP. P, Rules 10.5(b) and 38.6(d), asks this Honorable Court for an extension of time
within which to file their Response to Appellant’s Brief in the above captioned
matter.
1. Appellees request an extension of time for six (6) days, until Thursday,
July 2, 2015.
2. Appellees are filing their brief on the merits contemporaneously with
this motion for an extension of time.
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3. This is Appellees third request for an extension of time in which to file
his Brief.
4. Appellees’ reply brief was due on June 26, 2015. Counsel planned to
complete and file the brief on June 26, 2015, but unanticipated scheduling conflicts
interfered with that goal. Furthermore, counsel was scheduled to be on vacation from
June 27 through July 1, 2015, preventing completion on those dates.
5. Therefore, Appellees request an extension of time for six (6) days, until
Thursday, July 2, 2015.
6. Appellant’s counsel is not opposed to the extension of time.
7. This request is not sought for delay, but so that justice may be done.
Prayer
For the foregoing reasons, Appellee respectfully asks this Honorable Court
for an extension of the deadline to file Appellees’ Brief for additional period of six
(6) days, that is, until July 2, 2015 and for such other and further relief to which they
may be entitled.
Respectfully submitted,
THE VETHAN LAW FIRM, P.C.
/s/ Joseph L. Lanza
Joseph L. Lanza
Texas Bar No. 00784447
8700 Crownhill Blvd., Suite 302
San Antonio, Texas 78209
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(210) 824-2220 voice
(210) 826-2223 facsimile
Counsel for Appellee,
Dave H. Buchholz and Mary A.
Buchholz
CERTIFICATE OF CONFERENCE
I certify that on June 29, 2015, I conferred with Appellant’s counsel, Mr.
Richard McSwain, regarding the requested extension and counsel is not opposed to the
grant of such extension for an additional 6 days.
/s/ Joseph L. Lanza
Joseph L. Lanza
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CERTIFICATE OF SERVICE
I certify that on July 2, 2015, a true and correct copy of this was served to each
person listed below:
COATS|ROSE Via Electronic Service
Richard C. McSwain
Adam J. Richie
Ryan T. Kinder
Jamie Cohen
1020 Northeast Loop 410, Suite 800
San Antonio, Texas 78209
Attorney for Appellant Juan O. Lopez d/b/a J.J. Construction Co.
/s/ Joseph L. Lanza
Joseph L. Lanza
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