ACCEPTED
03-15-00409-CV
7317190
THIRD COURT OF APPEALS
AUSTIN, TEXAS
10/9/2015 3:56:02 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00409-CV FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
10/9/2015 3:56:02 PM
JEFFREY D. KYLE
Clerk
In the Third Court of Appeals
Austin, Texas
SUSAN ENGLAND
Appellant
v.
JANICE KOLBE, AS GUARDIAN OF THE ESTATE OF EDNA MOON
Appellee
APPEAL FROM CAUSE NO. 12-0361
TH
207 JUDICIAL DISTRICT COURT OF HAYS COUNTY, TEXAS
HON. GARY STEEL, PRESIDING
UNOPPOSED MOTION TO EXTEND TIME FOR FILING
APPELLANT’S AND APPELLEE’S BRIEF
TO THE HONORABLE THIRD COURT OF APPEALS:
Susan England (now Susan Lee), the Appellant, moves this court to grant an
extension of time to file Appellant's Brief and Appellee’s Brief, and respectfully
seeks such relief based on the following:
1. Appellant’s brief is currently due on or about October 16, 2015. This
is a relatively complicated case involving multiple records and issues. Appellant’s
Motion for Extension of Time to File Briefs – Page 1
counsel’s court schedule in the approximately eighteen (18) business days beginning
September 16 through today has included at least twelve (12) hearings and a
Temporary Restraining Order. Therefore, additional time is needed to adequately
prepare the arguments in this case. Appellant’s counsel also has jury trial settings
on October 26, 2015 and November 6, 2015 and the preparation time for those trials
renders a short extension of little help.
2. Because of these settings and the pending jury trials, counsel for
Appellant has been, and will be for the next few weeks, unable to adequately and
appropriately prepare the brief in this appeal. Therefore, additional time is needed
to adequately prepare the arguments in this case.
3. Accordingly, Appellant seeks an approximately forty-five (45) day
extension of time to file Appellant's Brief, which would make Appellant's Brief due
on or before November 30, 2015. This extension of time is necessary to allow for
appropriate briefing and is not being sought for delay.
4. This is the first extension of time Appellant has sought for the filing of
the Appellant's Brief.
5. Further, Appellee does not object to this motion for extension.
However, such extension makes Appellee’s response due during the Christmas and
New Year’s holiday. Accordingly, Appellee has requested an extension until
January 29, 2016 to file Appellee’s Brief. Appellant has agreed to such extension.
Motion for Extension of Time to File Briefs – Page 2
7. The parties have effectively agreed that additional request for
extensions to file briefs will be opposed absent extreme extenuating circumstances.
For these reasons, Susan (England) Lee, Appellant, and Janice Kolbe, as
Guardian of the Estate of Edna Moon, Appellee, request that this court render an
order extending the time for filing Appellant's Brief to and including November 30,
2015 and for Appellee’s Brief to and including January 29, 2016. Appellant and
Appellee also requests any other relief to which they may be entitled.
Respectfully submitted,
Law Office of David Junkin
15401 RR12, Suite 105
P.O. Box 2910
Wimberley, TX 78676
512/847-8600
512/847-8604 (fax)
david@junkinlawoffice.com
________________________________________
David Junkin
State Bar No. 11058020
Attorney for Appellant, Susan Lee
CERTIFICATE OF CONFERENCE
This is to certify that I have communicated with counsel for Appellee and she is
not opposed to this motion as per paragraph 6 above and this also confirms I agree to
the extension of the time for Appellee to file her responsive brief.
________________________________
David Junkin
Motion for Extension of Time to File Briefs – Page 3
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this pleading was served on
October 9, 2015, in the manner indicated below and on the following person(s):
VIA FACSIMILE AND/OR ESERVE
Jonathan Hull
c/o Reagan Burris, LLC
401 Main Plaza, Suite 200
New Braunfels, TX 78130
VIA FACSIMILE AND/OR ESERVE
Stephanie Bascon
297 W. San Antonio Street
New Braunfels, TX 78130
________________________________
David Junkin
Motion for Extension of Time to File Briefs – Page 4