Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 12/15/2017 4:28:32 PM JEFFREY D. KYLE Clerk No. 03-17-00482-CV THIRD COURT OF APPEALS 12/15/2017 4:28 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-17-00482-CV *1 ACCEPTED [21332943] CLERK
In the Third Court of Appeals
Austin, Texas River City Drywall, LP
Appellant and Cross-Appellee
v.
Eric Hanlon and Nalinh Hanlon
Appellees and Cross-Appellants
On Appeal from the 98 Judicial District Court of Travis County, Texas
Trial Court Cause No. D-1-GN-15-002089
APPELLANT’S AND CROSS-APPELLANTS’ JOINT
MOTION FOR EXTENSION OF TIME TO FILE BRIEF
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
Appellant’s Brief is due on December 18, 2017. Cross-Appellants’ Brief is due on January 5, 2018. Appellant and Cross-Appellants jointly request an extension of time until
February 5, 2018 to file their respective Brief . The parties to this appeal are also parties in a federal declaratory judgment action
case in Case No. 1:17-CV-00853-SS, styled Mid-Continent Casualty Company v. River City
Drywall Services, LP, Eric Hanlon and Nalinh Hanlon , in the United States District Court,
Western District of Texas, Austin Division. The declaratory judgment action specifically
involves coverage issues related to the Judgment being appealed herein. The parties mediated
the federal declaratory judgment action on December 6, 2017 with mediator Paul J. Van
Osselaer.
3. Although the matter was not resolved on December 6, 2017, the parties have
extended negotiations. A successful mediation in the federal declaratory judgment would likely obviate
the necessity of the appeal herein for all parties. In addition, minimizing appellate expenses to
the parties during post-mediation negotiations could at increase the likelihood of a successful
mediation. Therefore, in the interest of judicial economy, Appellants and Cross-Appellants
jointly request an extension of time to file their respective Briefs until February 5, 2018. This is Appellant’s and Cross-Appellants’ second request for an extension to file
their Brief and it is not sought for the purposes of delay, but so that justice may be done.
FOR THE FOREGOING REASONS, Appellant and Cross-Appellants jointly request
that the Court grant this motion and extend the deadline to file their Brief until February 5, 2018.
Respectfully submitted,
K IESTER ICCONE B OLLIER , LLP
611 W. 14 Street
Austin, Texas 78701
(512) 477-5796 Telephone
(512) 477-5821 Facsimile
State Bar No. 24040692 tony@klclawyers.com State Bar No. 24095477 emily@klclawyers.com HAMBERLAIN MCHANEY 301 Congress Ave., 21st Floor
Austin, Texas 78701
(T) 512-474-9124 | ( F ) 512-474-8582 /s/ Adrian Ciechanowicz
David E. Chamberlain SBN: 04059800 ( E ) dchamberlain@chmc-law.com Adrian Ciechanowicz SBN: 24045659 ( E ) aciechanowicz@chmc-law.com CERTIFICATE OF CONFERENCE
I hereby certify that on December 15, 2017 I spoke with Adrian Ciehanowicz,
Chamberlain & McHaney, and we agreed to jointly submit this Motion.
/s/Anthony F. Ciccone Anthony F. Ciccone CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing has been served on Adrian
Ciehanowicz, Chamberlain & McHaney, by telephonic document transfer to 512-474-8582, or
by e-mail this 15th day of December, 2017.