Laura Kathleen Fielding, Administrator of the Estate of Charles W. Hodge v. Janniece Tullos ( 2017 )

ACCEPTED 09-17-00203-CV NINTH COURT OF APPEALS BEAUMONT, TEXAS 12/12/2017 12:09 PM CAROL ANNE HARLEY CLERK No. 09-17-00203 In the Ninth Court of Appeals FILED IN at Beaumont, Texas 9th COURT OF APPEALS BEAUMONT, TEXAS 12/12/2017 12:09:47 PM CAROL ANNE HARLEY LAURA KATHLEEN FIELDING, ADMINISTRATOR OF Clerk THE ESTATE OF CHARLES W. HODGE Appellant v. JANNIECE TULLOS Appellee On Appeal from Cause No. D-160,234-C in the 260th District Court of Orange County, Texas UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF To the Honorable Court: Appellee, Janniece Tullos, files this Unopposed Third Motion for Extension of Time to file Appellee’s Brief and would respectfully show as follows: I. Time Requested for Extension Appellee’s Brief is currently due on Friday, December 15, 2017. Appellee requests an extension up to and including Monday, January 15, 2018, to file Appellee’s Brief in this matter. Appellee requests an extension of thirty days. This is Appellee’s third request for an extension. II. The Extension is Unopposed Counsel for Appellant does not oppose the extension. III. Grounds for Extension In addition to preparing the Brief in this case, the undersigned Appellee’s counsel have had numerous other work-related commitments including preparation of other briefs and for oral argument in another case for attorney Gaultney, travel to out of state depositions for Clark and Smith, and extensive care of her mother for Chamblin. This is the last request by Appellee for an extension and the request is for thirty days because the thirty days includes the Christmas holidays. IV. Authority to Grant Extension The Court may grant an extension of time to file a response under the authority of Texas Rule of Appellate Procedure 10.5(b). Because this is an unopposed motion to extend time to file a brief, this motion may be determined by the Court without waiting the 10-day submission period. See Tex.R.App.P 10.3(a)(1)(2). V. This request will not unnecessarily delay disposition of this matter, but will allow Appellee adequate opportunity to prepare a response that will be of maximum benefit to the Court. VI. This motion is not brought for purposes of delay, but so that justice may be accomplished. WHEREFORE, Appellee prays that this Court grant Appellee an extension up to and including Monday, January 15, 2018, to file Appellee’s Brief and for such other and further relief to which Appellee may be justly entitled. Respectfully submitted, Sandra F. Clark David Gaultney Sandra F. Clark State Bar No. 07765300 State Bar No. 04294520 davidgaultney@mehaffyweber.com sandraclark@mehaffyweber.com MehaffyWeber, P.C. Patricia D. Chamblin 823 Congress Avenue, Suite 200 State Bar No. 04086400 Austin, Texas 78701 patriciachamblin@mehaffyweber.com Phone: (512) 394-3840 Michele Y. Smith Fax: (512) 394-3860 State Bar No. 00785296 michelesmith@mehaffyweber.com Steve Parkhurst MehaffyWeber, P.C. State Bar No. 00797206 2615 Calder, Suite 800 sparkhurst@dieslaw.com Dies & Parkhurst Beaumont, Texas 77702 Phone: (409) 835-5011 1009 Green Avenue Fax: (409) 835-5177 Orange, Texas 77630 Phone: (409) 883-0829 ATTORNEYS FOR APPELLEE, JANNIECE Fax: (409) 670-0888 TULLOS CERTIFICATE OF CONFERENCE As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I have conferred with Appellant’s counsel, Terry Wood, by email and Appellant is unopposed to this Motion. Sandra F. Clark CERTIFICATE OF SERVICE As required by TEXAS RULE OF APPELLATE PROCEDURE 6.3 and 9.5(b)(d)(e), I certify that I have served this document on Appellant on the 12th day of December, 2017 as follows: Terry W. Wood Via E-File and E-Mail Terry W. Wood, PC terry@twwoodpc.com 2530 Calder Avenue Beaumont, TX 77702 Sandra F. Clark