ACCEPTED
03-15-00376-CV
8353588
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/23/2015 8:32:02 AM
JEFFREY D. KYLE
CLERK
IN THE COURT OF APPEALS
THIRD JUDICIAL DISTRICT OF TEXAS
AUSTIN, TEXAS
FILED IN
3rd COURT OF APPEALS
DELORES GALVAN § AUSTIN, TEXAS
Appellant § 12/23/2015 8:32:02 AM
§ JEFFREY D. KYLE
v. § CASE NO. 03-15-000376-CV
Clerk
§
ROBERT LEAKE, INDIVIDUALLY §
AND ZEBRA INSTRUMENTS §
CORPORATION §
Appellees §
_____________________________________________________________________________________
APPELLEES’ FIRST MOTION FOR EXTENSION OF TIME (AGREED)
_____________________________________________________________________________________
COMES NOW, Robert Leake and Zebra Instruments Corporation, and files this
their First Motion for Extension of Time to File Response Brief, and in support thereof
would show as follows:
Ebenezer: You'll want the whole day off tomorrow, I suppose.
Bob Cratchit: If quite convenient, sir.
Ebenezer: It's not convenient. And it's not fair! If I stopped you half a
crown for it, you'd think yourself ill used, wouldn't you? But you
don't think me ill used if I pay a day's wages for now work,
hmm?
Bob Cratchit: 'Tis only once a year, sir.
Ebenezer: That's a poor excuse for picking a man's pocket every 25th of
December.
Bob Cratchit: Yes, sir. I'm sure I'm very sorry, sir, to cause you such an
inconvenience. It's the family more than me, sir. They put their
hearts into Christmas as it were, sir.
Ebenezer: Yes, and put their hands into my pockets as it were, sir. I
suppose you'd better have the whole day. But be back all the
earlier the next morning.
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Bob Cratchit: I will indeed, sir. Thank you, sir! It's more than generous of
you, sir. 1
I.
HISTORY OF THE CASE
Appellant filed its appellate brief on December 7, 2015. Despite counsel’s
representation to this Court that a copy of the brief was provided to the undersigned
through the electronic filing manager, the brief was not copied to the e-mail addresses
already on file in this case with www.E-File.Txcourts.gov, whether that be through an
omission on the part of Mr. Ogle’s office or some other problem. Appellee received a copy of
the brief when the undersigned checked the Court’s docket on December 17, 2015 to see
whether Appellant had complied with this Court’s current deadline.
II.
RELIEF SOUGHT
Appellant’s filing on December 7, 2015 means that Appellees’ response brief is due
on January 6, 2015. T.R.A.P. 38.6(b) The undersigned is out for Christmas vacation from
December 24th until January 4th The return date falls two business days before the brief is
due, which is insufficient time to have it ready to file. Appellants request an extension of
30 days to file a response to Appellant’s brief. There have been no previous requests for
extensions filed by Appellant. This motion is agreed between counsel.
WHEREFORE, PREMISES CONSIDERED, Appellees Robert Leake and Zebra
Instruments Corporation pray that Appellee’s Motion for Extension of Time be in all things
GRANTED.
1
A Christmas Carol (1951)
2
Respectfully submitted,
SNEED VINE & PERRY
A PROFESSIONAL CORPORATION
By: /s/ Christopher Stanley____________
Christopher Stanley
Texas Bar No. 19044400
Email for filings only:
gtwnfilings@sneedvine.com
108 East 8th Street
Georgetown, TX 78626
Tel. (512) 930-9775
Fax. (512) 819-9707
ATTORNEY FOR DEFENDANTS
ROBERT LEAK AND ZEBRA INSTRUMENTS
CORPORATION
CERTIFICATE OF CONFERENCE
On December 22, 2015, Mr. Ogle’s was contacted by phone, and asked whether or
not he opposed this motion. Mr. Ogle was not available for a response but would return the
phone call. On the same date, the undersigned send an e-mail to Mr. Ogle with the same
query. On December 23, 2015, On December 23, 1015, Mr. Ogle emailed the undersigned
and advised that the motion was agreed.
/s/ Christopher Stanley____________
Christopher Stanley
CERTIFICATE OF SERVICE
I certify that on December 23, 2015, a true and correct copy of the foregoing pleading
was served via email to Scott Ogle via soglelaw@peoplepc.com and the transmission was
reported as complete.
/s/ Christopher Stanley____________
Christopher Stanley
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Delores Galvan v. Robert Leake, Individually and Zebra Instruments Corporation
Combined Opinion