Steven B. Aubrey, Individually, and as Beneficiary Of, on Behalf Of, and for The Benefit of the Aubrey Family Trust v. United Heritage Credit Union Wilford P. Schroeder, Jr. Betsy S. Aubrey, Individually and as Trustee and Income Beneficiary of the Aubrey Family Trust Richard B. Aubrey, Jr., Individually, and as Remainder Beneficiary of the Aubrey Family Trust ( 2016 )


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  • ACCEPTED 03-16-00232-CV 11220253 THIRD COURT OF APPEALS AUSTIN, TEXAS 6/20/2016 9:42:31 AM JEFFREY D. KYLE CLERK TEXAS COURT OF APPEALS, THIRD DISTRICT, ATFILED IN AUSTIN 3rd COURT OF APPEALS AUSTIN, TEXAS 6/20/2016 9:42:31 AM JEFFREY D. KYLE _________________________________ Clerk NO. 03-16-00232-CV _____________________________________ Steven B. Aubrey, Individually, and as Beneficiary of, on behalf of, and for the benefit of the Aubrey Family Trust, Appellant, v. United Heritage Credit Union; Wilford P. Schroeder, Jr.; Betsy S. Aubrey, Individually and as Trustee and Income Beneficiary of the Aubrey Family Trust; Richard B. Aubrey, Jr., Individually, and as Remainder Beneficiary of the Aubrey Family Trust; et al., Appellees. ____________________________________________________________________________________________________________________ From The District Court of Travis County, 250th Judicial District No. D-1-GN-15-003836, Honorable Karin Crump, Judge Presiding _____________________________________________________________________________________________________________________ APPELLANT’S MOTION FOR EXTENSION TO FILE BRIEF COMES NOW, Steven B. Aubrey (“Appellant”) and files his Motion For Extension To File Brief as follows: 1 Appellant’s Brief was due on May 16, 2016. Appellant asks this Court for an extension to file his Brief with a due date of June 30, 2016. Appellant’s original due date of May 16, 2016, was only three days following the tragic death of Ira Tobolowsky, legal counsel for Appellee Betsy S. Aubrey. Due to the intense investigation surrounding Mr. Tobolowsky’s passing, it was not possible for Appellant to timely file his Brief to the Court. There have been no previous extensions requested or granted regarding the filing date for Appellant’s Brief. Appellees are not injured by the extension to file Appellant’s Brief. In fact, the delay in the scheduling of this case must prove beneficial to Appellee Betsy S. Aubrey, affording her time to secure replacement counsel. FOR THESE REASONS, Appellant, Steven B. Aubrey, prays this Court GRANT his Motion for Extension to File Brief and Order a new date, June 30, 2016, to file said Brief. Respectfully submitted, /s/ Steven B. Aubrey____ Steven B. Aubrey, Pro Se 7777 Glen America Apt 223 Dallas, Texas 75225 Telephone: (512) 659-7234 traviscountyfraud@gmail.com 2 CERTIFICATE OF CONFERENCE I hereby certify that on June 16, 2016, Movant attempted to confer with all other parties regarding the merits of this Motion in compliance with Texas Rules of Appellate Procedure 10.1(a)(5). Only one of the parties responded. On June 17, 2016, Appelle Thomas A. Aubrey indicated he was not opposed to the extension. /s/ Steven B. Aubrey_______ Steven B. Aubrey CERTIFICATE OF SERVICE I hereby certify that on the 20th day of June 2016, a true and correct copy of the above and foregoing has been delivered in accordance with Texas Rules of Appellate Procedure to all counsel of record as follows: Via Email: catwell@otoole-atwell.com Christopher Atwell O’TOOLE ATWELL, PC 504 Lavaca, Suite 945 Austin, Texas 78701 Telephone: (512) 472-6819 COUNSEL FOR APPELLEE UNITED HERITAGE CREDIT UNION Via Email: dbyrne@fbhf.com Daniel H. Byrne FRITZ, BYRNE, HEAD & FITZPATRICK, PLLC 221 w. Sixth Street, Suite 960 Austin, Texas 78701 COUNSEL FOR APPELLEE WILFORD P. SCHROEDER, JR. 3 Via Email: iratobolowsky@tblawfirm.net TOBOLOWSKY & BURK, PC 4305 West Lovers Lane Dallas, Texas 75209 COUNSEL FOR APPELLEE BETSY S. AUBREY Via Email: jnias@jw.com James Nias JACKSON WALKER, L.L.P. 100 Congress Ave., Suite 1100 Austin, Texas 78701 COUNSEL FOR APPELLEE RICHARD BUCK AUBREY, JR. Via Email: tom.aubrey@ecolab.com Thomas A. Aubrey 6243 Vanderbilt Ave. Dallas, Texas 75214 APPELLEE, PRO SE /s/ Steven B. Aubrey ____ Steven B. Aubrey 4

Document Info

Docket Number: 03-16-00232-CV

Filed Date: 6/20/2016

Precedential Status: Precedential

Modified Date: 6/23/2016