Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/27/2015 1:31:32 PM JEFFREY D. KYLE Clerk THIRD COURT OF APPEALS 7/27/2015 1:31:32 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-14-00518-CV *1 ACCEPTED [6234234] CLERK NO. 03-14-00518-CV IN THE COURT OF APPEALS THIRD DISTRICT OF TEXAS AUSTIN, TEXAS JAMES POE AND SENIOR RETIREMENT PLANNERS, LLC, Appellants
VS.
EDUARDO S. ESPINOSA, IN HIS CAPACITY AS RECEIVER OF
RETIREMENT VALUE, LLC, Appellee Appeal from the 200 [1] h Civil District Court of Travis County, Texas (Hon. Gisela Triana presiding) APPELLANTS' UNOPPOSED MOTION TO EXTEND TIME TO FILE REPLY BRIEF ALDRICH PLLC Scott Lindsey State Bar No. 24036969 1130 Fort Worth Club Tower 777 Taylor Street Fort Worth, Texas 76102 Telephone: 817-336-5601 Facsimile: 817-336-5297 slindsey@aldrichpllc.com ATTORNEY FOR APPELLANTS -1 -
Appellants James Poe and Senior Retirement Planners, LLC request
an extension of the deadline for the filing of their Reply Brief pursuant to
Tex. R. App. P. 10.5(b) and 38.6(c).
1. Appellants filed their opening brief on March 11, 2015.
2. Appellee's brief was filed on July 14, 2015.
3. Appellants' reply brief is currently due on or before August 3,
2014. See Tex. R. App. P. 38.6(c). Appellants ask the Court to extend
Appellants' reply brief deadline to August 28, 2015, an extension of twenty
five days. See Tex. R. App. P. 10.5(b)(1)(A)-(B).
4. Appellants seek an extension of the deadline to file their Reply
Brief because counsel for Appellants requires additional time to prepare the
reply brief. The record in this case is large and will require significant time
to review in order to accurately and adequately brief the issues and cite the
record to the Court. In addition, counsel for Appellants has a contested
evidentiary hearing currently scheduled for July 29, 2015, anticipates taking
several depositions in the next three weeks, and will be out of the office on
vacation for two or more days during the week of August 3, 2015. See Tex.
R. App. P. 10.5(b)(1)(C).
5. Appellants have not sought any prior extensions of time to file
briefs in this matter. See Tex. R. App. P. 10.5(b)(1)(D).
6. Counsel for Appellee does not oppose this motion.
Appellants James Poe and Senior Retirement Planners, LLC pray
that the Court will grant an extension of time to file Appellants' reply brief
until August 28, 2015.
Respectfully submitted, ALDRICH PLLC Scott Lindsey State Bar No. 24036969 slindsey@aldrichpllc.com 1130 Fort Worth Club Tower 777 Taylor Street Fort Worth, Texas 76102 Telephone: 817-336-5601 Telecopier: 817-336-5297 ATTORNEYS FOR APPELLANTS JAMES POE AND SENIOR RETIREMENT PLANNERS, LLC CERTIFICATE OF CONFERENCE The undersigned attorney certifies that he exchanged emails with (#--- ~ John Thomas on July 27, 2015, and that Mr. Thomas was not opposed to
this request for extension.
Scott Lindsey *4 CERTIFICATE OF SERVICE This is to certify that on this the 27 [1] h day of July, 2015, the foregoing
motion was filed electronically with the Clerk for the Third Court of Appeals.
A copy was served by electronic mail upon the following:
John W. Thomas
114 W. 7th Street, Suite 1100
Austin, Texas 78701-3015
jthomas@gbkh.com