Joan Johnson, Kaleta Johnson, Seth Johnson and Wirt Blaffer v. Michael Phillips, Spindle Top Publishing, and Phillips Akers Womac, P.C. ( 2015 )

ACCEPTED
01-15-00173-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
7/13/2015 11:10:40 AM
CHRISTOPHER PRINE
CLERK
No. 01-15-00173-CV
IN THE COURT OF APPEALS FILED IN
1st COURT OF APPEALS
FOR THE FIRST DISTRICT OF TEXAS HOUSTON, TEXAS
HOUSTON, TEXAS 7/13/2015 11:10:40 AM
________________________________________________________
CHRISTOPHER A. PRINE
Clerk
JOAN JOHNSON, KALETA JOHNSON, SETH JOHNSON,
AND WIRT BLAFFER,
Appellants
v.
MICHAEL PHILLIPS, SPINDLE TOP PUBLISHING,
AND PHILLIPS AKERS WOMAC, P.C.,
Appellees
________________________________________________________
On Appeal from the 333rd Judicial District Court
Harris County, Texas
Trial Court Cause No. 2011-14027
________________________________________________________
UNOPPOSED MOTION TO RESET BRIEFING DEADLINES
BASED ON COURT’S ORDER OF JUNE 3, 2015 OR,
ALTERNATIVELY, EXTENSION OF TIME TO FILE
APPELLANTS’ BRIEF
________________________________________________________
Patrick Zummo Marc S. Tabolsky
State Bar No. 22293450 State Bar No. 24037576
pzummo@zoomlaw.com mtabolsky@yettercoleman.com
LAW OFFICES OF YETTER COLEMAN LLP
PATRICK ZUMMO Two Houston Center
Two Houston Center 909 Fannin, Suite 3600
909 Fannin, Suite 3500 (713) 632-8000
Houston, Texas 77010 (713) 632-8002 [facsimile]
(713) 651-0590
(713) 651-0597 [facsimile]
ATTORNEYS FOR APPELLANTS
TO THE HONORABLE FIRST COURT OF APPEALS:
Appellants Joan Johnson, Kaleta Johnson, Seth Johnson, and Wirt Blaffer,
file this second motion to reset briefing deadlines requesting that the Court reset
the briefing deadlines from the date the complete clerk’s record was filed with this
Court in the above-captioned matter. Tex. R. App. P. 34.5(d). This motion is
unopposed.
Appellants previously filed a motion to postpone the briefing deadlines
because the clerk’s record omitted several key documents that had been timely
requested to be included in the clerk’s record. On June 3, 2015, this Court ordered
the district court to prepare and file a supplemental record within 30 days of the
date of the order to including the previously omitted items and further specified
that appellants’ briefing deadline would not begin to run until the items requested
had been filed and included in the clerk’s record.
On June 17, 2015, the district court submitted one electronic volume of
supplemental clerk’s record material that included part of what had been requested
to be included. But this volume did not include all of the requested materials and
thus the briefing deadline should not have begun. But based on the filing of the
partial supplemental record, his Court’s docket generated an appellant brief
deadline of July 17, 2015.
After the partial supplemental record was filed on June 17, counsel advised
the clerk’s office that it had still failed to provide a complete clerk’s record. On
July 1, 2015, the district court a second supplemental clerk’s record that did
include the remaining materials that were to have been included in the clerk’s
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record.
Based on the Court’s prior order, appellants’ request that the Court order that
the time for appellants’ brief to be filed be calculated from July 1, 2015 when the
supplemental record was filed, as provided in the Court’s prior order of June 3,
2015. This will result in appellants’ brief being due on July 31, 2015, which is 30
days after the supplemental record was complete. issue a briefing deadline based
on the July 1, 2015 date of the filing of the second supplemental clerk’s record, as
outlined in its June 4, 2015 order.
Alternatively to resetting the briefing deadlines, appellants request a 14-day
extension of time for filing their appellants’ brief. Appellants’ opening brief is
currently due July 17, 2015. If the requested extension is granted, appellants’ brief
will be due on July 31, 2015.
For these reasons, Appellants respectfully request that the Court reset the
deadline for Appellants opening brief to July 31, 2015, based on the Court’s prior
June 3 order and the filing of the supplemental record on July 1, 2015. In the
alternative, Appellants request a 14-day extension of time to file their brief on July
31, 2015.
Respectfully submitted:
YETTER COLEMAN LLP
Two Houston Center
909 Fannin, Suite 3600
(713) 632-8000
(713) 632-8002 Facsimile
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By /s/ Marc S. Tabolsky
Marc S. Tabolsky
State Bar No. 24037576
mtabolsky@yettercoleman.com
LAW OFFICES OF PATRICK ZUMMO
Two Houston Center
909 Fannin, Suite 3500
Houston, Texas 77010
(713) 651-0590
(713) 651-0597 Facsimile
Patrick Zummo
State Bar No. 22293450
Attorneys for Appellants
Joan Johnson, Kaleta Johnson,
Seth Johnson, and Wirt Blaffer
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CERTIFICATE OF CONFERENCE
As required by Tex. R. App. P. 10.1(a)(5), I certify that on July 13, 2015, I
conferred with William W. Ogden, counsel for appellees Michael Phillips, Spindle
Top Publishing, and Phillips Akers Womac, P.C. Counsel advised us that appellees
do not oppose this motion.
/s/ Marc S. Tabolsky
Marc S. Tabolsky
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CERTIFICATE OF SERVICE
I certify that the foregoing document was filed electronically 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 the following counsel of
record for appellee via e-service on July 13, 2015.
William W. Ogden
Ogden, Gibson, Broocks, Longoria & Hall, L.L.P.
1900 Pennzoil South Tower
711 Louisiana
Houston, Texas 77002
/s/ Marc S. Tabolsky
Marc S. Tabolsky
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