Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 11/5/2015 10:16:31 AM JEFFREY D. KYLE Clerk DOCKET NO. 3-15-00511-CV THIRD COURT OF APPEALS 11/5/2015 10:16:31 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00511-CV *1 ACCEPTED [7695230] CLERK DIANE V. WADE § THIRD COURT OF
§ APPEALS §
V. §
§
DAVID’S LANDSCAPING §
AND DAVID’S
LANDSCAPING, INC. AUSTIN, TEXAS
APPELLANT’S AMENDED MOTION FOR EXTENSION OF TIME TO FILE APPELLATE BRIEF
COMES NOW, Appellant Diane V. Wade, and pursuant to the Texas Rules of Appellate Procedure 38.6(d) and 10.5(b), files this
Amended Motion for Extension of Time to File Appellate Brief, and in
support thereof would show as follows:
I. Appellant’s brief in this case was originally due October 19, 2015.
Appellant was granted an extension of time to file the brief until
November 9, 2015. For reasons set forth below, Appellant now seeks an
extension until November 19, 2015 to file her appellate brief. This is the
second request for an extension of time to file her brief made by
Appellant.
II. On Tuesday afternoon, November 3, 2015, the house of the undersigned counsel’s 86-year old mother in Round Rock, Texas was
flooded due to a break in a supply line in the house. A restoration
company was called out that day, but it was unable to save the hardwood
flooring which runs throughout a large portion of the first floor of the
house. New flooring will have to be installed when the subsurface has
been dried in a day or two and the insurance company approves it. The
undersigned counsel for Appellant will be handling these matters as his
mother cannot do so.
III. In addition, the registered nurse caring for the mother of the undersigned counsel happened to be at the house at the time of the
flooding and said afterward that the undersigned counsel’s mother will
have to be permanently moved into an assisted living center (or nursing
home) or receive care 24 hours, seven days a week at her home. This is
largely due to the fact that the undersigned counsel’s mother already was
in a fragile condition and this has been undermined by the trauma of the
flooding incident. The undersigned counsel will also be handling that
transition.
III. This Motion is not filed for delay only, but so that justice may be done. The undersigned counsel has personal knowledge of the facts set
forth in this Motion. Appellant respectfully requests that this Court
extend the deadline for filing Appellant’s brief until November 19, 2015.
WHEREFORE, PREMISES CONSIDERED, Appellant Diane V.
Wade respectfully requests that this Court grant her Agreed Motion for
Extension of Time to File Appellant’s Brief, and requests that the Court
grant such further and other relief to which Appellant may be entitled.
Respectfully submitted, LAW OFFICE OF STUART WHITLOW By: /s/ Stuart Whitlow__________ Stuart Whitlow
Texas Bar No.: 21378050 1104 S. Mays, Suite 116 Round Rock, Texas 78664 Tel. (737) 346-1839 Fax (512) 218-9235 Email stuartrtwhitlowlaw@yahoo.com Attorney for Appellant CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the above and foregoing legal instrument was served upon Robert House, Clark & Trevino, 1701 Directors Boulevard, Suite 920, Austin, Texas 78744, in accordance with the Texas Rules of Civil Procedure on the 5th day of November, 2015.
_/s/Stuart Whitlow_________________ Stuart Whitlow CERTIFICATE OF CONFERENCE This is to certify that Stuart Whitlow, counsel for Appellant Diane V.
Wade has attempted to confer with counsel for Appellee but has not
been able to reach him yet.
_/s/Stuart Whitlow________
Stuart Whitlow