Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 6/17/2015 3:08:56 PM JEFFREY D. KYLE Clerk No. 03-15-00280-CV THIRD COURT OF APPEALS 6/17/2015 3:08:56 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00280-CV *1 ACCEPTED [5716292] CLERK In the Third Court of Appeals Austin, Texas
_______________________________________________ Michael J. DeLitta,
Appellant v.
Nancy Schaefer
Appellee _______________________________________________ U NOPPOSED M OTION FOR E XTENSION OF T IME _____________________________________________________ O T HE ONORABLE T HIRD OURT OF A PPEALS :
Pursuant to Texas Rules of Appellate Procedure 38.6(d) and 10.5(b), Appellee Nancy Schaefer files this motion for extension of time and would respectfully show the
Court as follows:
I. Appellant filed his brief on June 10, 2015. In this accelerated appeal, Appellee’s brief currently is due on Tuesday, June 30, 2015. Appellee requests that the Court grant
a 20-day extension of time by which to file her brief. Granting this motion would
make the brief due on July 20, 2015 .
II. Tragedy has struck the T AYLOR UNHAM AND R ODRIGUEZ family, as David Dunham’s young son died unexpectedly. While Mr. Dunham is not counsel of record
in this appeal, the sad situation has created uncertainty in the small firm’s docket.
Additional time would allow the partners to support each other during this difficult
time, personally and professionally.
This extension is not sought for delay and is Ms. Schaefer’s first request for extension of time in this case.
Appellant, through counsel, indicates that he does not oppose the relief sought in this motion.
P RAYER Appellee Nancy Schaefer asks the Court to grant her a 20-day extension, making her brief due on July 20, 2015. Appellee also prays for any and all further relief to which
she may be entitled.
Dated: June 17, 2015 Respectfully submitted,
By: /s/ Lisa Bowlin Hobbs Donald R. Taylor Lisa Bowlin Hobbs
State Bar No. 19688800 State Bar No. 24026905
dtaylor@taylordunham.com Lisa@KuhnHobbs.com
Of Counsel Stacey Reese Kurt Kuhn
State Bar No. 24056188 State Bar No. 24002433
stacey@reeselawpractice.com Kurt@KuhnHobbs.com AYLOR UNHAM & R ODRIGUEZ LLP K UHN H OBBS PLLC
301 Congress Avenue, Suite 1050 3307 Northland Drive, Suite 310
Austin, Texas 78701 Austin, Texas 78731
(512) 473-2257 (512) 476-6003
(512) 478-4409 (fax) (512) 476-6002 (fax)
Howard F. Carter, Jr., State Bar No. 03916500 sam@scarterlawfirm.com OWARD F. C ARTER J R ., P.C. 5600 Tennyson Parkway, Suite 160 Plano, Texas 75024 (972) 455-2001 (972) 455-2015 (fax) ERTIFICATE OF C ONFERENCE Pursuant to Texas Rule of Appellate Procedure 10.1, I certify that, on June 16, 2015, I conferred with Douglas R. Drucker, counsel for Appellant, regarding this
motion via email. Mr. Drucker indicated that he is not opposed to the relief requested.
/s/ Lisa Bowlin Hobbs Lisa Bowlin Hobbs ERTIFICATE OF S ERVICE I hereby certify that, on June 17, 2015, and in compliance with the Texas Rules of Appellate Procedure, a true and correct copy of this motion has been served as
follows:
Douglas R. Drucker via e-Service
Kirby D. Hopkins RUCKER | H OPKINS LLP
21 Watery Avenue, Suite 300
The Woodlands, TX 77380
Counsel for Appellant
Eric J. Taube via e-Service OHMANN AUBE & S UMMERS LLP
100 Congress Avenue, 18th Floor
Austin, Texas 78701
Counsel for Axiom entities and
Jeff Compton
/s/ Lisa Bowlin Hobbs Lisa Bowlin Hobbs