Lea Percy McLaurin v. Scott Sutton McLaurin ( 2015 )

ACCEPTED
01-14-00710-cv
FIRST COURT OF APPEALS
HOUSTON, TEXAS
9/1/2015 5:38:03 PM
CHRISTOPHER PRINE
CLERK
NO. 01-14-00710-CV
IN THE COURT OF APPEALS FILED IN
1st COURT OF APPEALS
FOR THE FIRST JUDICIAL DISTRICT HOUSTON, TEXAS
OF TEXAS AT HOUSTON 9/1/2015 5:38:03 PM
CHRISTOPHER A. PRINE
Clerk
LEA PERCY MCLAURIN,
APPELLANT
V.
SCOTT SUTTON MCLAURIN,
APPELLEE
__________________________________________________________________
On Appeal from the 309th Judicial District Court
Harris County, Texas | Cause No. 2009-06775
__________________________________________________________________
MOTION FOR EXTENSION OF TIME TO
FILE APPELLANT’S REPLY
Appellant, LEA PERCY MCLAURIN, files this first motion for extension
of time to file Appellant’s Reply.
1. Applicable Deadlines:
Appellant’s Brief was filed on February 2, 2015.
Appellee’s Brief was originally due on March 4, 2015; but this Court, upon
Appellee’s request, extended that deadline.
On June 18, 2015, this case was abated to permit the trial court to resolve a
dispute between the parties regarding certain exhibits missing from the court
reporter’s record.
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On July 29, 2015, a supplemental reporter’s record was filed.
On July 31, 2015, this case was reinstated.
Also on July 31, 2015, a supplemental clerk’s record was filed. An
additional supplemental clerk’s record was filed on August 11, 2015.
Appellee’s Brief was filed on August 12, 2015.
Appellant’s Reply is due on September 1, 2015.
2. First Request for Extension of Time:
This is Appellant’s first request for an extension of time to file her
Appellant’s Reply. LEA PERCY MCLAURIN is asking for a 10-day extension
from the date of this motion to file her Appellant’s Reply, up to and including
September 11, 2015.
3. Legal Authority for Extension of Time:
Pursuant to Texas Rule of Appellate Procedure 38.6(d), this Court is
authorized to extend the time for filing a brief if a motion is filed in conformity
with Texas Rule of Appellate Procedure 10.5, before or after the brief is due. This
request is timely filed.
4. Reasons for Request for Extension of Time:
Attorneys for Appellant need a short extension of time to review the brief
filed by Appellee and the supplemental reporter’s and clerk’s records filed on July
29, 2015, July 31, 2015, and August 11, 2015.
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PRAYER
For the foregoing reasons, Appellant, LEA PERCY MCLAURIN hereby
requests that this Court grant an extension of the deadline to file her Appellant’s
Brief by 10 days from the date of this motion, up to and including September 11,
2015.
Respectfully submitted,
LAW OFFICE OF DANIEL J. LEMKUIL
/s/ Daniel J. Lemkuil
Daniel J. Lemkuil
State Bar No. 00789448
1314 Texas Ave., Suite 1515
Houston, TX 77002
Tel: 713-993-9100 | Fax: 713-225-0099
daniel_lemkuil@flash.net
LAW OFFICE OF JANICE L. BERG
Janice L. Berg
State Bar No. 24064888
1314 Texas Ave., Suite 1515
Houston, TX 77002
Tel: 713-993-9100 | Fax: 713-225-0099
janice@janiceberglaw.com
ATTORNEYS FOR APPELLANT
CERTIFICATE OF CONFERENCE
This is to certify that counsel for Appellant, Janice L. Berg, made reasonable
attempts to confer with all parties regarding whether they oppose this motion:
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- On September 1, 2015, counsel for Appellant contacted counsel for
Appellee, Todd Frankfort, regarding this motion by phone and text message but no
agreement regarding the extension of time was reached.
/s/ Janice L. Berg
Janice L. Berg
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing was served on all
parties or counsel in accordance with the Texas Rules of Appellate Procedure on
September 1, 2015.
/s/ Janice L. Berg
Janice L. Berg
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