John Lawton v. David W. Lawton, Individually, as Former Independent of the Estate of Joseph G. Lawton, and as Former Agent for Joseph G. Lawton Under a Power of Attorney ( 2015 )


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  •                                                                                     ACCEPTED
    01-15-00193-CV
    FIRST COURT OF APPEALS
    HOUSTON, TEXAS
    7/30/2015 10:28:54 AM
    CHRISTOPHER PRINE
    CLERK
    NO. 01-15-00193-CV
    IN THE COURT OF APPEALS FOR THE     FILED IN
    1st COURT OF APPEALS
    FIRST DISTRICT OF TEXAS      HOUSTON, TEXAS
    7/30/2015 10:28:54 AM
    JOHN LAWTON          CHRISTOPHER A. PRINE
    Appellant.         Clerk
    v.
    DAVID LAWTON, INDIVIDUALLY, AS FORMER INDEPENDENT
    EXECUTOR OF THE ESTATE OF JOSEPH G. LAWTON, DECEASED,
    AND AS FORMER AGENT FOR JOSEPH G. LAWTON UNDER A
    POWER OF ATTORNEY,
    Appellee.
    Appeal From Cause No. 14-CCV-053769
    In the County Court at Law No. 1, Fort Bend County, Texas
    APPELLEE DAVID W. LAWTON’S UNOPPOSED MOTION TO EXTEND
    TIME TO FILE APPELLEE BRIEF
    DOYLE, RESTREPO, HARVIN & ROBBINS, L.L.P.
    J. B. (Trey) Henderson III      N. Kimberly Hoesl
    State Bar No. 00798251          State Bar No. 24040540
    thenderson@drhrlaw.com          khoesl@drhrlaw.com
    440 Louisiana Street, Suite 2300
    Houston, Texas 77002
    (713) 228-5100 (Tel.)
    (713) 228-6138 (Fax)
    Attorneys for Appellee David Lawton, Individually, as Former
    Independent Executor of the Estate of Joseph G. Lawton, Deceased, and
    as Former Agent for Joseph G. Lawton Under a Power of Attorney
    JULY 30, 2015
    TO THIS HONORABLE COURT:
    Appellee David W. Lawton (“David”) files this unopposed motion, pursuant
    to Texas Rule of Appellate Procedure 10.5(b), respectfully requesting the Court to
    extend the time to file his appellee’s brief in response to the Brief of Appellant
    filed by John Lawton (“John”).
    1.    David’s appellee brief is due to be filed on August 7, 2015.
    2.    David requests an additional thirty (30) days to file his brief. That is
    an extension of time through and including September 4, 2015.
    3.    This is David’s first request for an extension of time to file the
    appellee brief.
    4.    David requests additional time to prepare and file the brief, in part
    because David’s counsel was on vacation the first two weeks following the filing
    of John’s Brief of Appellant. As a result of that delay, plus counsel’s other
    professional obligations, the amount of time available for David’s counsel to
    prepare the appellee brief is significantly reduced.
    5.    This extension is not sought for delay but so that the justice may be
    done.
    6.    As set forth in the Certificate of Conference below, this motion for
    extension of time is unopposed.
    For these reasons, David prays that this Court grant an extension of time to
    file his appellee brief in this matter through and including September 4, 2015.
    Respectfully submitted,
    _/s/ N. Kimberly Hoesl __________
    J. B. (Trey) Henderson III
    State Bar No. 00798251
    thenderson@drhrlaw.com
    N. Kimberly Hoesl
    State Bar No. 24040540
    khoesl@drhrlaw.com
    DOYLE RESTREPO HARVIN & ROBBINS, L.L.P.
    440 Louisiana, Suite 2300
    Houston, Texas 77002
    (713) 228-5100 Telephone
    (713) 228-6138 Facsimile
    Attorneys for Appellee David Lawton,
    Individually, as Former Independent
    Executor of the Estate of Joseph G.
    Lawton, Deceased, and as Former Agent
    for Joseph G. Lawton Under a Power of
    Attorney
    CERTIFICATE OF CONFERENCE
    As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I
    conferred with counsel for Appellant John Lawton, who stated that he is not
    opposed to the relief requested in this motion.
    /s/ N. Kimberly Hoesl _____________
    N. Kimberly Hoesl
    2
    CERTIFICATE OF SERVICE
    As required by Texas Rules of Appellate Procedure 6.3 and 9.5(b), (d), (e), I
    certify that a true copy of Appellee David W. Lawton’s Unopposed Motion to
    Extend Time to File Appellee Brief has been served on all other parties—listed
    below—on July 30, 2015, as follows:
    Constance H. Pfeiffer                        Attorneys for Appellant John Lawton
    William R. Peterson
    BECK REDDEN LLP
    1221 McKinney, Suite 4500
    Houston, Texas 77010-2010
    cpfeiffer@beckredden.com
    Esther Anderson
    ANDERSON PFEIFFER, PC
    845 FM 517 West, Suite 200
    Dickinson, Texas 77539
    esther@probateguardianship.com
    _X_ By electronic service
    _X_ By e-mail
    /s/ N. Kimberly Hoesl ___________
    N. Kimberly Hoesl
    July 30, 2015_____________________
    Date
    3
    

Document Info

Docket Number: 01-15-00193-CV

Filed Date: 7/30/2015

Precedential Status: Precedential

Modified Date: 9/29/2016