Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 4/28/2015 5:03:55 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-14-00974-cv FIRST COURT OF APPEALS HOUSTON, TEXAS 4/28/2015 5:03:55 PM CHRISTOPHER PRINE CLERK CAUSE NO. 01-14-00974-CV In The Court of Appeals For The 1 st District of Texas ________________________________________
AAMCO TRANSMISSIONS, INC. Appellant, v.
JAMES A. BOVA Appellee.
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On Appeal from the 113 Judicial District Court
Harris County, Texas Trial Court No. 2013-77066 ________________________________________
Appellee’s Motion to Extend Time to File Reply to Appellant’s Brief
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Mestemaker, Straub & Zumwalt *2 APPELLEE’S MOTION TO EXTEND TIME TO FILE REPLY TO
APPELLANT’S BRIEF
COMES NOW, JAMES A. BOVA, Appellee in the above- entitled and numbered
cause, by and through his attorney, David K. Mestemaker of Mestemaker, Straub &
Zumwalt, and files this Motion to Extend Time to File Reply to Appellant’s Brief, and in
support thereof, would respectfully show unto the Court as follows: This matter is on appeal from the 113 District Court of Harris County. The
1.
matters on appeal are the rulings from a Default Judgment that resulted in a Final
Judgment signed on June 9, 2014. The Trial Court cause number is 2013-77066. The case
was styled James A. Bova v. AAMCO Transmissions, Inc.
2. Appellee’s reply brief is due on Thursday, April 30, 2015. Appellant seeks
an extension of time of 21 days, making Appellee’s reply brief due on Thursday, May 21,
2015.
3. Due to Appellee’s counsel’s schedule, of preexisting hearing and trial dates,
it would be difficult and impose a hardship for Appellee’s counsel to properly reply to
Appellant’s brief.
4. This Motion is not being made for the purpose of delay, but so that justice
may be done.
5. Appellee prays that this Court grant Appellee an extension of time to file
his reply to Appellant’s brief, pursuant to Texas Rules of Civil Procedure 10.5 and
38.6(d), to at least May 21, 2015, and all other relief, at law or in equity, to which he
shows himself justly entitled.
Respectfully Submitted: Mestemaker, Straub & Zumwalt /s/ David K. Mestemaker ____________________________ Mestemaker, Straub & Zumwalt
David K. Mestemaker SBN: 13974600 FBN: 14410 3100 Timmons Lane Suite 455 Houston, Texas 77027 Telephone: (713) 626-8900
Facsimile: (713) 626-8900
Counsel for Appellant
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 April 28, 2015.
Respectfully Submitted: Mestemaker, Straub & Zumwalt /s/ David K. Mestemaker ____________________________ Mestemaker, Straub & Zumwalt