Hallmark Specialty Underwriters, Inc. and Hallmark Specialty Insurance Company v. Texas Mutual Insurance Company ( 2015 )

ACCEPTED 03-15-00219-CV 5929473 THIRD COURT OF APPEALS AUSTIN, TEXAS 7/2/2015 5:43:31 PM JEFFREY D. KYLE CLERK NO. 03-15-00219-CV IN THE COURT OF APPEALS THIRD DISTRICT OF TEXAS FILED IN 3rd COURT OF APPEALS AT AUSTIN AUSTIN, TEXAS 7/2/2015 5:43:31 PM JEFFREY D. KYLE Clerk HALLMARK SPECIALTY UNDERWRITERS, INC., and HALLMARK SPECIALTY INSURANCE COMPANY, Appellants v TEXAS MUTUAL INSURANCE COMPANYO Appellee Appeal from the 98th District Court of Travis County, Texas Cause No. D- 1 -GN- 14-003789 APPELLEE TEXAS MUTUAL INSURANCE COMPANY'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEEOS BRIEF TO THE HONORABLE COURT: COMES NOV/ the Appellee, Texas Mutual Insurance Company ("Texas Mutual"), and files this its Unopposed Motion for Extension of Time to File Appellee's Brief, and in support thereof would show the court as follows: l. This case is an appeal from a finaljudgment in the 98ft District of Travis County, Texas. Hallmark Specialty Underwriters, Inc. and Hallmark Specialty 1 Insurance Company are the Appellants (collectively, the "Hallmark Appellants"). Texas Mutual is the Appellee. 2. The HallmarkAppellants filedthe Appellants' Brief on June 11,2015. Under the current briefing schedule, Texas Mutual's Appellee's Brief is due on Monday, July 13,2015. Tex. R. App. P.38.6(b). 3. Both parties have been engaged in discussions regarding the possible resolution ofthis appeal. However, neitherpartywishes to incur additional appellate costs if the case is soon to be mutually resolved. An extension of the briefing deadlines will allow the parties additional time to discuss a resolution of the appeal without imposing unnecessary appellate costs 4. Texas Mutual asks that this Court grant Texas Mutual a 30-day extension to file its Appellee' s Brief. Texas Mutual' s Appellee' s Brief would be due by Thursday, August 13,2015. 5. Texas Mutual has not previously requested an extension to file its Appellee's Brief in this matter 6. Texas Mutual's requested modification is for good cause, is not sought solely for the purposes of delay, and is sought to promote judicial efficiency 7. Counsel for the Hallmark Appellants was contacted by counsel for Texas Mutual and does not oppose this motion. 2 WHEREFORE, PREMISES CONSIDERED, Texas Mutual respectfully requests that this Court grant this Unopposed Motion for Extension of Time to File Appellee's Brief and extend the deadline for Texas Mutual to file its brief to August 13,2075. Respectfully Submitted, ARNOLD & PLACEK, P.C. 203 EasI Main Street, Suite 201 Round Rock, Texas 78664 Telephone:(5 1 2) 341 -7 044 Facsimile:(512) 41-7921 By: R. TT State BarNo. 00784769 splacek@arnoldplacek. com SCOTT K. ARNOLD State Bar No. 00785669 sarnold@arnoldplacek. com JONATHAN L. CHALTAIN State Bar No. 24079787 j chaltain@arno I dp I ac ek. c om ArronNpvs FoR ApperreNr Tnxes MUTUAL INSURANCE COMPANY a J CERTIFICATE OF CONFERENCE I hereby certi$r that I conferred with appellants' counsel on July 2,201.5 and that appellants' counsel does not oppose this motion. \ J CERTIF'ICATE OF SERVICE I hereby certiff that a true and correct copy of the fqteg oing document has been forwarded by facsimile andlor certified mail, on the/{day of July, 2015,to the following counsel of record: Wm. David Farmer Via Facsimile Chad W. Schreiber CuRNnY, FARMER, Housg & Ostnra, P.C. 411 Heimer Road San Antonio, Texas 78232-4854 Phone: 210-377-1990 Fax: 210-377-t065 Chaltain 4