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