Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 4/28/2015 10:30:54 AM JEFFREY D. KYLE Clerk Case No. 03-15-00039-CV THIRD COURT OF APPEALS 4/28/2015 10:30:54 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00039-CV *1 ACCEPTED [5058579] CLERK IN THE COURT OF APPEALS FOR THE THIRD DISTRICT OF TEXAS AUSTIN, TEXAS AVALON INVESTMENTS, LLC, Appellant V.
JEAN PENICK SPILLER, Appellee On Appeal from Cause No. 08-0128-A; in the 207th Judicial District Court of
Hays County, Texas; Honorable R. Bruce Boyer, Judge Presiding UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF TO THE HONORABLE THIRD COURT OF APPEALS:
NOW COMES Appellee Jean Penick Spiller, who respectfully requests an
extension of time to file Appellee’s Brief and would respectfully show the
following: The current deadline to file Appellee’s Brief is May 8, 2015. The undersigned counsel for Appellee has been preoccupied with the
following matters: protracted settlement negotiations in an adversarial probate
proceeding, a motion for summary judgment filed in a state district court
proceeding, and other pre-trial hearings, discovery and other commitments.
3. Additionally, the undersigned counsel experienced a hard drive crash
on his work computer which resulted in several days of reduced efficiency while
data was being recovered and a new operating system was purchased and set up.
This period of reduced efficiency has resulted in counsel having to “catch up” with
matters that arose during that time in addition to handling the matters that have
arisen since then.
4. In order to ensure that all of the issues are addressed and a full and
complete response to Appellant’s Brief is prepared, a fourteen (14) day extension
of time to file Appellee’s Brief is requested. If granted, this extension will result in
a new deadline of May 22, 2015 to file Appellee’s Brief.
5. This is the first request for an extension of time to file Appellee’s
Brief. This request is not made for purposes of delay but so that a proper
brief can be prepared and justice can be served. The undersigned counsel for Appellee Jean Penick Spiller has
conferred with counsel for Appellant Avalon Investments, LLC and this motion is
unopposed.
PRAYER
Appellee Jean Penick Spiller, requests the Court grant an extension of time
for filing Appellee’s Brief as requested herein and for such other and further relief
that the Court may allow.
Respectfully submitted, /s/ Andrew Oliver ____________________ Andrew Oliver State Bar No. 24046556 9951 Anderson Mill Road, Suite 201 Austin, Texas 78750 (512) 233-1103 Telephone (512) 551-0330 Fax aoliver@oliverlawoffice.com ATTORNEY FOR APPELLEE JEAN PENICK SPILLER CERTIFICATE OF SERVICE The undersigned hereby certifies that on April 28, 2015, a true and correct
copy of this motion was served by facsimile transmission, upon the following
attorney of record for Appellants:
Arthur G. Vega
Law Offices of Arthur G. Vega
419 S. Main, Suite 301
San Antonio, Texas 78204
(210) 224-8888
(210) 225-7751 (Facsimile)
Attorney for Appellant
/s/ Andrew Oliver _________________________ Andrew Oliver