Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 6/25/2015 10:25:02 AM JEFFREY D. KYLE Clerk NO. 03-15-00333-CV THIRD COURT OF APPEALS 6/25/2015 10:25:02 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00333-CV *1 ACCEPTED [5817647] CLERK
In the Court of Appeals
for the Third Judicial District of Texas
at Austin JOSEPH P. THWEATT,
Appellant,
v.
BILLINGSLEY HOUSE MOVING, INC., and OLIVER BILLINGSLEY,
Appellees. On Appeal from the 353rd Judicial District Court
Travis County, Texas
Trial Court Cause No. D-1-GN-14-005006 JOINT AGREED MOTION FOR EXTENSION OF TIME
TO FILE APPELLANT BRIEF TO THE HONORABLE THIRD COURT OF APPEALS:
Pursuant to Texas Rule of Appellate Procedure 10.5(b), Joseph P. Thweatt,
Billingsley House Moving, Inc., and Oliver Billingsley (collectively, the “Parties”) file
this Joint Agreed Motion (the “Motion”) requesting that the time for filing the appellant
brief be extended by 21 days to July 23, 2015. In support, the Parties would respectfully
show the Court as follows:
1. Appellant Joseph P. Thweatt perfected this appeal by filing a notice of
appeal on June 2, 2015. The clerk’s record and reporter’s record were filed on June 12,
2015. As a result, the current deadline for filing the appellant brief is July 2, 2015. The Parties seek an extension of 21 days to file the appellant brief, that is,
2.
an extension of the deadline up to and including Thursday, July 23, 2015. The Parties
seek this extension because they are engaged in ongoing settlement discussions that could
resolve the appeal.
3. No previous extensions of time to file the appellant brief have been
requested.
4. This Motion is a joint motion by all Parties to this appeal, and all Parties
have agreed to the requested extension.
5. The Parties do not ask for this extension for purposes of delay, but so that
justice may be served and they may best present their contentions and arguments to the
Court.
WHEREFORE, the Parties respectfully request that the Court grant this Joint
Agreed Motion for Extension of Time to File Appellant Brief, extending the deadline for
filing the appellant brief to July 23, 2015, and grant such other relief, at law and in
equity, to which the Parties are entitled.
Respectfully submitted, /s/Carl R. Galant
By:_________________________
L. Lee Thweatt
State Bar No. 24008160
Terry & Thweatt, P.C.
One Greenway Plaza, Suite 100
Houston, Texas 77046-0102
Telephone: (713) 600-4710
Facsimile: (713) 600-4706
lthweatt@terrythweatt.com
Carl R. Galant
State Bar No. 24050633
McGinnis Lochridge
600 Congress Avenue, Suite 2100
Austin, Texas 78701
Telephone: (512) 495-6083
Facsimile: (512) 505-6383
cgalant@mcginnislaw.com
ATTORNEYS FOR APPELLANT
By:___________________________
Tom Murphy
Tom Murphy
Law Office of Tom Murphy
9600 Great Hills Trail, Suite 150 W
Austin, TX 78759
Facsimile: (512) 493-0691
tom@tommurphyslaw.com
ATTORNEY FOR APPELLEES
CERTIFICATE OF SERVICE
I hereby certify that on the ____ day of June, 2015, I served a copy of the Joint 25th
Agreed Motion for Extension of Time to File Appellant Briefs upon counsel of record
for the Appellees in this case pursuant to the Texas Rules of Civil Procedure:
Mr. Tom Murphy
Law Office of Tom Murphy
9600 Great Hills Trail, Suite 150 W
Austin, TX 78759
Via Facsimile: 512-493-0691 /s/Carl R. Galant
__________________________
Carl R. Galant