Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/2/2015 7:46:36 PM JEFFREY D. KYLE Clerk No. 03-15-00034-CV THIRD COURT OF APPEALS 7/2/2015 7:46:36 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00034-CV *1 ACCEPTED ^[5930003] CLERK IN THE THIRD COURT OF APPEALS

AUSTIN, TEXAS JUAN O. LOPEZ d/b/a J.J. CONSTRUCTION CO.,

Appellant

v.

DAVE H. BUCHHOLZ and MARY A. BUCHHOLZ

Appellees On Appeal from the 274 th Judicial District Court of Comal County, Texas

Cause No. C2014-0259C APPELLEE’S UNOPPOSED MOTION

TO EXTEND TIME TO FILE RESPONSE TO APPELLANT’S BRIEF

TO THE HONORABLE COURT OF APPEALS:

Appellees, Dave H. Buchholz and Mary A. Buchholz, pursuant to T EX . R.

A PP . P, Rules 10.5(b) and 38.6(d), asks this Honorable Court for an extension of time

within which to file their Response to Appellant’s Brief in the above captioned

matter.

1. Appellees request an extension of time for six (6) days, until Thursday,

July 2, 2015.

2. Appellees are filing their brief on the merits contemporaneously with

this motion for an extension of time.

3. This is Appellees third request for an extension of time in which to file

his Brief.

4. Appellees’ reply brief was due on June 26, 2015. Counsel planned to

complete and file the brief on June 26, 2015, but unanticipated scheduling conflicts

interfered with that goal. Furthermore, counsel was scheduled to be on vacation from

June 27 through July 1, 2015, preventing completion on those dates.

5. Therefore, Appellees request an extension of time for six (6) days, until

Thursday, July 2, 2015.

6. Appellant’s counsel is not opposed to the extension of time.

7. This request is not sought for delay, but so that justice may be done.

Prayer

For the foregoing reasons, Appellee respectfully asks this Honorable Court

for an extension of the deadline to file Appellees’ Brief for additional period of six

(6) days, that is, until July 2, 2015 and for such other and further relief to which they

may be entitled.

Respectfully submitted, T HE V ETHAN L AW F IRM , P.C. /s/ Joseph L. Lanza Joseph L. Lanza Texas Bar No. 00784447 8700 Crownhill Blvd., Suite 302 San Antonio, Texas 78209 *3 (210) 824-2220 voice (210) 826-2223 facsimile Counsel for Appellee, Dave H. Buchholz and Mary A. Buchholz CERTIFICATE OF CONFERENCE

I certify that on June 29, 2015, I conferred with Appellant’s counsel, Mr.

Richard McSwain, regarding the requested extension and counsel is not opposed to the

grant of such extension for an additional 6 days.

/s/ Joseph L. Lanza Joseph L. Lanza *4 CERTIFICATE OF SERVICE

I certify that on July 2, 2015, a true and correct copy of this was served to each

person listed below:

COATS|ROSE Via Electronic Service

Richard C. McSwain

Adam J. Richie

Ryan T. Kinder

Jamie Cohen

1020 Northeast Loop 410, Suite 800

San Antonio, Texas 78209

Attorney for Appellant Juan O. Lopez d/b/a J.J. Construction Co.

/s/ Joseph L. Lanza Joseph L. Lanza