Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 10/2/2015 10:10:22 AM JEFFREY D. KYLE Clerk NO. 03-15-00496-CV THIRD COURT OF APPEALS 10/2/2015 10:10:22 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00496-CV *1 ACCEPTED ^[7201045] CLERK IN THE COURT OF APPEALS FOR THE

THIRD COURT OF APPEALS DISTRICT OF TEXAS S TEVEN ALBRIGHT AND RHONDA ALBRIGHT, APPELLANTS, — VERSUS—

RHEA & SONS ENTERPRISES, INC. D/B/A RHEA PLUMBING, APPELLEE. FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF G. Eric De Leon (eric@deleonlawoffice.com)

State Bar No. 24045763 Law Office of G. Eric De Leon, PLLC 8700 Crownhill Blvd., Ste. #201 San Antonio, Texas 78209 Phone: (210) 684-4433 Fax: (210) 247-9631 October 1, 2015 Attorney for Steven & Rhonda Albright

TO THE HONORABLE COURT OF APPEALS:

Steven and Rhonda Albright (collectively “Albrights”) file this First Unopposed Motion for Extension of Time to File Appellant’s Brief, which seeks

an additional thirty (30) days for the Albrights to file their initial appellate brief. A

thirty day extension would extend the time for the Albrights to file their Appellant

Brief until and including November 4, 2015. The Albrights would respectfully

show the following:

I. Background

The Reporter’s Record in this case was filed on September 1, 2015, and the

Clerk’s Record was filed on September 4, 2015. As a result, the Brief for

Appellant is currently due on October 4, 2015.

II. Reasons for Extension

The Albright’s appellate counsel has had several unavoidable conflicts arise

between the date when the Clerk’s Record was filed and the current due date for

Appellant’s brief. Some of the conflicts include several depositions and bench

trials in Bexar County, Texas. These conflicts have precluded Appellant’s counsel,

a sole practitioner, from completing the brief.

III. Request for Extension

Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d), the

Albrights seek an extension of 30 days in which to file their brief. Such an

extension would result in the Brief of Appellant being due on November 4, 2015.

An extension of time for filing the brief is sought so that justice may be done in the

disposition of this appeal, not for the purposed of delay.

IV. Certificate of Conference

Pursuant to Texas Rule of Appellant Procedure 10.1(a)(5), Counsel for

Albrights, Mr. G. Eric De Leon conferred with opposing counsel, who does not

oppose this request for a 30 day extension to file Appellant’s brief in this matter.

V. Conclusion and request for Relief

Appellant prays that the Court grant this Motion for Extension of Time and

extend the time for Ithaca to file its Brief of Appellant until and including

November 4, 2015.

Respectfully submitted, LAW OFFICES OF G. ERIC DE LEON, PLLC 8700 Crownhill Blvd., Suite 201 San Antonio, Texas 78209 Telephone: (210) 684-4433 Facsimile: (210) 247-9631 E-mail: eric@deleonlawoffice.com __/s/ G. Eric De Leon _________ Gilbert Eric De Leon State Bar No. 24045763 Attorney for Appellant CERTIFICATE OF SERVICE I hereby certify that foregoing document was electronically filed with the Clerk of the Court using the electronic case filing system of the Court. I also

certify that a true and correct copy of the foregoing was served on all counsel of

record on October 2, 2015, as follows:

Bret Sanders via facsimile

Jeffrey Boyd

Fee, Smith, Sharp, Vitullo LLP

816 Congress Avenue, Suite 1265

Austin, Texas 78701

Phone: (512) 479-8400

Fax: (512) 479-8402

Attorney for Rhea Plumbing

__/s/ G. Eric De Leon _________ Gilbert Eric De Leon