Case Information
*0 FILED IN 7th COURT OF APPEALS AMARILLO, TEXAS 5/4/2015 3:15:15 PM VIVIAN LONG CLERK *1 ACCEPTED 07-15-00026-cv SEVENTH COURT OF APPEALS AMARILLO, TEXAS 5/4/2015 3:15:15 PM Vivian Long, Clerk
Case No. 07-15-00026-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS HAVEN LANE, LP, Plaintiff/Appellant, V.
MID-CENTURY INSURANCE CO. AND PARK MOYER, Defendants/Appellees.
ON APPEAL FROM CAUSE NO. 13-0730-C368 368TH DISTRICT COURT, WILLIAMSON COUNTY, TEXAS VERIFIED AND UNOPPOSED EMERGENCY MOTI ON FOR A DDI TI ONA L TIME TO FILE APPELLANT'S BRIEF TO THE HONORABLE COURT OF APPEALS:
Counsel for Appellant, Haven Lane, LP, hereby files the present Verified and Unopposed Emergency Motion for Additional Time to File Appellant's Brief.
Since this Honorable Court granted Plaintiff until May 4, 2015 to file its Appellate
Brief, and as explained in detail within the following paragraphs, new additional
and completely unforeseeable circumstances have arisen, which make the present
request necessary. Ultimately, Appellant is seeking an additional thirty (30) day
extension for the filing of its appellate brief, which presently has a deadline of
May 4, 2015 (today). This request, if granted, would allow Appellant until June 3,
2015 for such filing.
As with Appellant's's previous request, the present extension, which is completely unopposed by counsel for appellee, is simply made necessary due to
unfortunate circumstances beyond counsel's control. Specifically, counsel's
primary legal assistant, Denise Novak, who is instrumental in all activities leading
up to the filing of this anticipated brief, had previously underwent a surgical
procedure in early March, which required her to be out of the office and in
recovery until the middle of April, 2015. This absence was the basis for Plaintiff's
original request for an extension. However, this situation recently and
unexpectedly worsened, and has made the present filing necessary.
Specifically, on Sunday evening, May 3, 2015, just one day before Appellant's brief was due, Ms. Novak informed Appellant's counsel that she would
no longer be working at The Voss Law Firm, P.C. This news came as an
unexpected and unfortunate shock to counsel, who was relying on Ms. Novak to
assist in finalizing the filing activities related to Appellant's final product. Her
permanent absence now gives rise to additional issues, including the hiring of
additional staff, which is necessitated by her departure. All such exercises,
immediately thrust upon counsel, makes compliance with today's deadline of filing
literally impossible.
Accordingly, counsel has requested a thirty (30) day extension to file its brief, so that upon additional assistance being secured, adequate time is given to
allow all related activities to take place. As counsel has communicated to the
attorneys for the Appellee, no delay is intended from the motion, as it is simply due
to unfortunate circumstances beyond counsel's control. Appellant humbly submits
that such equates t o good cause for this request under Texas Law. See Curly v.
Clayton, 715 S.W. 2nd 77, 79 (Tex. App. --Dallas 1986, no writ).
Once again, appellee's counsel has been informed as of the filing of the unopposed motion for extension, and has no opposition to the request or the length
of the extension sought. Accordingly, appellant respectfully requests this
Honorable Court grant it's motion for extension of time to file its brief,
and permit the same to be filed on or before June 3, 2015. Appellant further
requests this Honorable Court to grant all other relief as would be appropriate, and
as justice would require under the present circumstances.
Respectfully submitted, Is/ Scott G. Hunziker Texas Bar No. 24032446 The Voss Law Firm, P.C. 26619 Interstate 45 The Woodlands, Texas 77380 scott(i4vosslawlinn.com ATTORNEY FOR APPELLANT *4 DATED this 4th day of May, 2015.
Haven Lane, LP, Appellant By: Is/ Scott G. Hunziker Bill L. Voss THE Voss LAW FIRM PC The Voss Law Center 26619 Interstate 45 The Woodlands, Texas 77380 scotWvosslawfirm.com Attorneys for Plaintiff/Appellant CERTIFICATE OF CONFERENCE As required by the Texas Rules of Appellate Procedure 10.1(a)(5), I certify that I have conferred on May 4, 2015 with all other parties - which are listed
below - about the merits of this motion with the following results:
MARTIN, DISIERE, JEFFERSON & WISDOM
Christopher Martin
Las Cimas IV
900 S. Capital of TX Hwy., Ste. 425
Austin, Texas 78746
FREEMON & MILLER, P.A.
8381 Gunn Highway
Tampa, Florida 33626
(813)926-0777 telephone
(813)926-1777 facsimile
SNEED, VINE & PERRY
Wayne E. Sanders
iv
Kathryn Gleghom
1104 S. Church Street
Georgetown, Texas 78626
o opposes motion
X does not oppose motion
o agrees with motion
o would not say whether motion is opposed
Is/ Scott G. Hunziker [4]
CERTIFICATE OF SERVICE hereby certify that on May 4, 2015, a true and correct copy of the foregoing was served on all counsel of record Texas Rules of Civil Procedure as follows:
MARTIN, DISIERE, JEFFERSON & WISDOM
Christopher Martin
Las Cimas IV
900 S. Capital of TX Hwy., Ste. 425
Austin, Texas 78746
FREEMON & MILLER, P.A.
8381 Gunn Highway
Tampa, Florida 33626
(813)926-0777 telephone
(813)926-1777 facsimile
SNEED, VINE & PERRY
Wayne E. Sanders
Kathryn Gleghorn
1104 S. Church Street
Georgetown, Texas 78626
/s/ Scott G. Hunziker SCOTT G. HUNZIKER By: o personal delivery
X mail and email
o commercial delivery service
o fax
vi *7 VERIFICATION § STATE OF TEXAS §
COUNTY OF WILLIAMSON Before me, the undersigned notary, on this day personally appeared Scott Hunziker, the affiant, a person whose identity is known to me. After I administered
an oath to affiant, affiant testified:
My name is Scott Hunziker. I am capable of making this verification. I have read Appelant's Verified and Unopposed Emergency Motion for Additional
Time t o File Appellant's Brief. T h e facts stated in i t are within my personal
knowledge and are true and correct.
))') A \-kr\--
Scott Hunziker Sworn to and subscribed before me by Scott iiit z ik er on May 4, 2015. '7 ,1,4,/ 4a49, KAREN SHADBOLT
•F-0-?• • - s N otar y Public. State of Texas Notary Public in and for My Commission Expires September 30, 2017 the State o f TEXAS My Commission Expires: