ACCEPTED
03-15-00303-CV
7197657
THIRD COURT OF APPEALS
AUSTIN, TEXAS
10/1/2015 9:37:11 PM
JEFFREY D. KYLE
CLERK
NO. 03-15-00303-CV
FILED IN
IN THE COURT OF APPEALS 3rd COURT OF APPEALS
AUSTIN, TEXAS
FOR THE THIRD DISTRICT OF TEXAS 10/1/2015 9:37:11 PM
AT AUSTIN JEFFREY D. KYLE
Clerk
ROSE ENA CANTU
Appellant,
V.
SOUTHERN INSURANCE COMPANY AND STEVE DOLLERY
Appellees,
Appeal from the 21st Judicial District Court, Bastrop County, Texas
Trial Court Cause No. 053-21
Hon. Carson Campbell, Presiding
APPELLANT’S MOTION TO EXTEND TIME TO FILE BRIEF
M. Chad Gerke Christopher D. Lewis
Texas Bar No. 24027390 Texas Bar No. 24032546
Robert L. Collins 1721 West T.C. Jester Blvd
Texas Bar No. 04618100 Houston, Texas 77008
Audrey E. Guthrie (713) 553-4104
Texas Bar No. 24083116 (713) 467-8883 Facsimile
P.O. Box 7726
Houston, Texas 77270-7726 COUNSEL FOR APPELLANT
(713) 467-8884
(713) 467-8883 Facsimile
houstonlaw2@aol.com
1
TO THE HONORABLE COURT OF APPEALS:
COMES NOW, Rose Ena Cantu, Appellant herein, and files this Motion to
Extend Time to File Brief. In support thereof, and pursuant to Texas Rule of
Appellate Procedure 10.5(b), Appellant would show as follows:
A. The deadline for filing the item in question:
The item in question is Appellant’s Brief. The current deadline for filing
Appellant’s Brief is October 1, 2015.
B. The length of the extension sought:
Appellant seeks a one-time extension of twenty (20) days within which to
file Appellant’s Brief, to include the period from September 14, 2015 through
October 1, 2015.
C. The facts relied on to reasonably explain the need for an
extension:
Counsel for Appellant and author of this Brief, Ms. Guthrie, was due to give
birth on September 22, but instead gave birth on September 12, ten days early. Ms.
Guthrie has only returned to work part-time this week and was able to complete the
Brief, which is being filed contemporaneously with this motion.
Counsel for Appellee has not responded to this request.
D. The number of previous extensions granted regarding this
extension:
2
One extension has been sought and granted.
Wherefore, premises considered, Appellant requests the Court grant an
extension of time to file her Brief, and accept the Brief which is being filed along
with this motion.
Respectfully submitted,
___________________
Robert L. Collins
Texas Bar No. 04618100
Audrey Guthrie
Texas Bar No. 24083116
P. O. Box 7726
Houston, Texas 77270-7726
(713) 467-8884 Telephone
(713) 467-8883 Facsimile
houstonlaw2@aol.com
ATTORNEYS FOR APPELLANT
ROSE ENA CANTU
CERTIFICATE OF CONFERENCE
As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that
on October 1, 2015, I attempted to confer with counsel for Appellee in this matter
and we did not receive a response as of the filing of this motion.
_________________________
Robert L. Collins
3
CERTIFICATE OF SERVICE
As required by Texas Rule of Appellate Procedure 6.3 and 9.5(b), (d), (e), I
certify that I have served this document on all other parties, on this 1st day of
October, 2015:
Catherine L. Hanna
Laura D. Tubbs
Eric Peabody
Hanna & Plaut, LLP
211 East Seventh Street, Ste. 600
Austin, Texas 78701
ltubbs@hannaplaut.com
Facsimile (512) 472-0205
Robert L. Collins
4
Rosa Ena Cantu v. Southern Insurance Company and Steve Dollery
Combined Opinion