Case Information
*0 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 3/18/2015 5:04:30 PM LISA MATZ Clerk *1 ACCEPTED 05-14-01579-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 3/18/2015 5:04:30 PM LISA MATZ CLERK No. 05-14-01579-CV I N THE C OURT OF A PPEALS F OR THE F IFTH D ISTRICT OF T EXAS A T D ALLAS D AVID B AGWELL , I NDIVIDUALLY AND AS T RUSTEE OF THE D AVID B AGWELL
T RUST , AND M ARILYN D. G ARNER , C HAPTER 7 T RUSTEE OF THE E STATE OF THE
D AVID B AGWELL C OMPANY AND T RUSTEE OF THE E STATE OF E VERMORE
C OMMUNITIES , L TD ., Appellants ,
v. BBVA C OMPASS AND S AM M EADE Appellees .
On Appeal from the 101st District Court Dallas County, Texas UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF TO THE HONORABLE COURT OF APPEALS:
Pursuant to T EX . R. A PP . P. 10.5(b) and 38.6(d). Appellant Marilyn D.
Garner, Chapter 7 Trustee of the estate of the David Bagwell Company and
Trustee of the Estate of Evermore Communities, Ltd., file this Unopposed Motion
for Extension of Time to File Appellant’s Brief. In support of the 14-day
extension requested in this motion, Appellant would respectfully show the Court
the following:
1. On February 18, 2015, the Court granted Appellants’ request for an
extension of 30 days to file their brief, making the due date March 23, 2015. For
the folowing reasons, Appellants request an additional extension of 14 days to
file their brief, making the new due date April 6, 2015.
2. The undersigned, Appellant’s lead appellate counsel, has been and
will be involed in other matters that necessitate an extension, including:
a. Preparation for and attendance in mediation on on March 6, 2015 in
EXCO Resources Inc. v. United Rentals, Inc.; 3:13-CV-00897; United States District
Court for the Northern District of Texas, Dallas Division;
b. Preparation for and attendance in the deposition of Kent Gatzki on
March 18, 2015 in Wasserman, et al. v. Dondero, et al.; DC-13-06074; 191st Judicial
District Court, Dallas County; and
c. Preparation for and attendance in the deposition of James Dondero
on March 23, 2015 in Wasserman, et al. v. Dondero, et al.; DC-13-06074; 191st
Judicial District Court, Dallas County.
3. Because these and other scheduling conflicts, the undersigned
believes that a 14-day extension will be necessary in order to prepare and
adequate brief in this case.
WHEREFORE, Appellant Marilyn D. Garner, Chapter 7 Trustee of the
estate of the David Bagwell Company and Trustee of the Estate of Evermore
Communities, Ltd., respectfully prays that the Court grant this unopposed
motion and extend the time to file Appellant’s Brief to April 6, 2015.
Respectfully submitted, Patrick W. Powers State Bar No. 24013351 patrick@powerstaylor.com Peyton J. Healey State Bar No. 24035918 peyton@powerstaylor.com P OWERS T AYLOR LLP 8150 North Central Expressway Suite 1575 Dallas, Texas 75206 Phone: 214.239.8900 Fax: 214.239.8901 Attorneys for Appellant Marilyn D. Garner, Chapter 7 Trustee of the estate of the David Bagwell Company and Trustee of the Estate of Evermore Communities, Ltd.
CERTIFICATE OF CONFERENCE On March 18, 2015, the undersigned confered with Jeffrey Seeburger,
counsel for Appellees, and Jeffrey Hall, counsel for co-Appellants, regarding this
motion. Both counsel stated that their clients do not oppose the requested
extension of time to file the Appellant’s Brief.
/s/ Peyton J. Healey Peyton J. Healey *4 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the
foregoing document has been served upon the following counsel of record, on
this the 18th day of March 2015, as follows:
V IA E LECTRONIC F ILING S ERVICE
Michael Logan
Jeffrey Seeburger
Victoria Nsikak
KANE RUSSELL COLEMAN & LOGAN PC
1601 Elm Street
3700 Thanksgiving Tower
Dallas, Texas 75201
V IA E LECTRONIC F ILING S ERVICE
Jeffrey S. Levinger
Levinger PC
1445 Ross Avenue, Suite 2500
Dallas, Texas 75202
V IA E LECTRONIC F ILING S ERVICE
Jeffrey T. Hall
Attorney at Law
2200 Ross Avenue, Suite 5350
Dallas, Texas 75201
/s/ Peyton J. Healey Peyton J. Healey