CorpSol, Inc. Corporate Solutions, Inc. Corporate Solutions Services Inc. And 4XE, Inc. v. Texas Property and Casualty Insurance Guaranty Association

ACCEPTED
03-15-00074-CV
6896617
THIRD COURT OF APPEALS
AUSTIN, TEXAS
9/11/2015 4:53:02 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00074-CV
FILED IN
In the Third Court of Appeals 3rd AUSTIN,
COURT OF APPEALS
TEXAS
Austin, Texas 9/11/2015 4:53:02 PM
JEFFREY D. KYLE
Clerk

CORPSOL, INC., CORPORATE SOLUTIONS, INC.,
CORPORATE SOLUTIONS SERVICES, INC., AND 4XE, INC.

Appellants

V.

TEXAS PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION,

Appellee

APPEAL FROM CAUSE NO. D-1-GN-09-001428
250TH JUDICIAL DISTRICT COURT OF TRAVIS COUNTY, TEXAS
HON. JOHN DIETZ PRESIDING

UNOPPOSED THIRD MOTION FOR EXTENSION OF TIME
TO FILE APPELLANTS’ BRIEF

TO THE HONORABLE THIRD COURT OF APPEALS:

Appellants CorpSol, Inc., Corporate Solutions, Inc., Corporate Solutions

Services, Inc., and 4XE, Inc., file this motion requesting an additional thirty-day

extension of time for filing their opening brief in the above-referenced appeal.

Appellants respectfully show:

1. Appellants’ brief is currently due on September 11, 2015.
 2. Appellants request a 30-day extension of time, or until October 12,

2015, for filing their brief. Appellants have requested two previous extensions.

3. As grounds, appellants state that the parties have undertaken

discussions standing a substantial chance of resolving this matter. Appellants

desire to allocate their resources toward those discussions rather than completing a

brief that will not need to be filed if the discussions are successful.

4. In addition, the demands of other cases have prevented the

undersigned from completing the brief by the current deadline. More specifically,

the undersigned has been occupied with the following matters:

• preparing a motion for rehearing in Richard Patrick Fagerberg v.
Steve Madden, Ltd., SXSW, Inc., and W3 Event Specialists, Inc.,
No. 03-13-00286-CV before this Court;

• analyzing and litigating requests for injunctive relief and
supersedeas issues in Academy of Careers and Technologies, Inc.
d/b/a Academy of Careers and Technologies Charter School v.
Texas Education Agency and Michael L. Williams, Commissioner
of Education, in his Official Capacity, No. D-1-GN-15-002879 in
the 98th Judicial District Court of Travis County, Texas; currently
before this Court as No. 03-15-00528-CV;

• preparing a petition for writ of injunction and emergency motion
for temporary relief in In re Academy of Careers and
Technologies, Inc. d/b/a Academy of Careers and Technologies
Charter School, No. 03-15-00570-CV before this Court; and

• preparing written materials and presenting at a Texas Bar CLE
event on September 10, 2015.

4. This case has not been set for submission. Therefore, no unnecessary

delay will result from the granting of this extension.
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 5. Appellee does not oppose the relief sought in this motion.

CONCLUSION AND PRAYER

For these reasons, appellants respectfully request that the Court grant this

motion for extension of time, thus making their opening brief due on October 12,

2015. Appellants request all other appropriate relief to which they are entitled.

Respectfully submitted,

SMITH LAW GROUP LLLP

/s/D. Todd Smith
D. Todd Smith
State Bar No. 00797451
todd@appealsplus.com
Brandy Wingate Voss
State Bar No. 24037046
brandy@appealsplus.com
1250 Capital of Texas Highway South
Three Cielo Center, Suite 601
Austin, Texas 78746
(512) 439-3230
(512) 439-3232 (fax)

Counsel for Appellants CorpSol, Inc.,
Corporate Solutions, Inc., Corporate
Solutions Services, Inc., and 4XE, Inc.

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 CERTIFICATE OF CONFERENCE

In compliance with Texas Rule of Appellate Procedure 10.1(a)(5), I certify

that I conferred with appellee’s lead counsel, Dan Price, about this motion. Mr.

Price informed me that appellee does not oppose the relief requested in this

motion.

/s/ D. Todd Smith
D. Todd Smith

CERTIFICATE OF SERVICE

On September 11, 2015, in compliance with Texas Rule of Appellate

Procedure 9.5, I served this document by e-service and e-mail to:

Dan J. Price
STONE LOUGHLIN & SWANSON LLP
P.O. Box 30111
Austin, Texas 78755
dprice@slsaustin.com
Counsel for Appellee

/s/D. Todd Smith
D. Todd Smith

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