Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 10/9/2015 3:56:02 PM JEFFREY D. KYLE Clerk THIRD COURT OF APPEALS 10/9/2015 3:56:02 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00409-CV *1 ACCEPTED ^[7317190] CLERK No. 03-15-00409-CV In the Third Court of Appeals Austin, Texas S USAN E NGLAND Appellant v.

J ANICE K OLBE , AS G UARDIAN OF THE E STATE OF E DNA M OON

Appellee A PPEAL FROM C AUSE N O . 12-0361 207 TH J UDICIAL D ISTRICT C OURT OF H AYS C OUNTY , T EXAS

H ON . G ARY S TEEL , P RESIDING UNOPPOSED MOTION TO EXTEND TIME FOR FILING

APPELLANT’S AND APPELLEE’S BRIEF TO THE HONORABLE THIRD COURT OF APPEALS:

Susan England (now Susan Lee), the Appellant, moves this court to grant an

extension of time to file Appellant's Brief and Appellee’s Brief, and respectfully

seeks such relief based on the following:

1. Appellant’s brief is currently due on or about October 16, 2015. This

is a relatively complicated case involving multiple records and issues. Appellant’s

counsel’s court schedule in the approximately eighteen (18) business days beginning

September 16 through today has included at least twelve (12) hearings and a

Temporary Restraining Order. Therefore, additional time is needed to adequately

prepare the arguments in this case. Appellant’s counsel also has jury trial settings

on October 26, 2015 and November 6, 2015 and the preparation time for those trials

renders a short extension of little help.

2. Because of these settings and the pending jury trials, counsel for

Appellant has been, and will be for the next few weeks, unable to adequately and

appropriately prepare the brief in this appeal. Therefore, additional time is needed

to adequately prepare the arguments in this case.

3. Accordingly, Appellant seeks an approximately forty-five (45) day

extension of time to file Appellant's Brief, which would make Appellant's Brief due

on or before November 30, 2015. This extension of time is necessary to allow for

appropriate briefing and is not being sought for delay.

4. This is the first extension of time Appellant has sought for the filing of

the Appellant's Brief.

5. Further, Appellee does not object to this motion for extension.

However, such extension makes Appellee’s response due during the Christmas and

New Year’s holiday. Accordingly, Appellee has requested an extension until

January 29, 2016 to file Appellee’s Brief. Appellant has agreed to such extension. *3 7. The parties have effectively agreed that additional request for

extensions to file briefs will be opposed absent extreme extenuating circumstances.

For these reasons, Susan (England) Lee, Appellant, and Janice Kolbe, as

Guardian of the Estate of Edna Moon, Appellee, request that this court render an

order extending the time for filing Appellant's Brief to and including November 30,

2015 and for Appellee’s Brief to and including January 29, 2016. Appellant and

Appellee also requests any other relief to which they may be entitled.

Respectfully submitted, Law Office of David Junkin 15401 RR12, Suite 105 P.O. Box 2910 Wimberley, TX 78676 512/847-8600 512/847-8604 (fax) david@junkinlawoffice.com ________________________________________ David Junkin State Bar No. 11058020 Attorney for Appellant, Susan Lee CERTIFICATE OF CONFERENCE This is to certify that I have communicated with counsel for Appellee and she is

not opposed to this motion as per paragraph 6 above and this also confirms I agree to

the extension of the time for Appellee to file her responsive brief.

________________________________ David Junkin *4 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this pleading was served on

October 9, 2015, in the manner indicated below and on the following person(s):

VIA FACSIMILE AND/OR ESERVE

Jonathan Hull

c/o Reagan Burris, LLC

401 Main Plaza, Suite 200 New Braunfels, TX 78130

VIA FACSIMILE AND/OR ESERVE

Stephanie Bascon

297 W. San Antonio Street

New Braunfels, TX 78130

________________________________ David Junkin