Leah Shike v. Anthony Charles Flot ( 2015 )

ACCEPTED 03-15-00533-CV 7767032 THIRD COURT OF APPEALS AUSTIN, TEXAS 11/10/2015 2:18:29 PM JEFFREY D. KYLE CLERK NO. 03-15-00533-CV FILED IN In the Court of Appeals 3rd COURT OF APPEALS For the Third Court of Appeals District AUSTIN, TEXAS Austin, Texas 11/10/2015 2:18:29 PM JEFFREY D. KYLE Clerk LEAHSHIKE Appellant, v. ANTHONYCHARLESFLOT Appellee On Appeal from the 335 1h Judicial District Court, Bastrop County, Texas Trial Court Cause No. 29,439 APPELLANT'S UNOPPOSED FIRST MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF HENSLEY LAW FIRM Edward Hensley SBN. 09492500 ed@hensleylawfirm.com Deborah Hensley Loewe SBN. 00793939 deborah@hensleylawfirm.com 3809 South 2"ct Street, Ste. A-100 Austin, Texas 78704 (512) 476-9988 (512) 327-9992, facsimile Counsel for Appellant, Leah Shike 1 Identity of Parties and Counsel Appellant/Plaintiff Plaintiff/Appellant's Appellate Counsel: HENSLEY LAW FIRM Edward Hensley SBN. 09492500 ed@hensleylawfirm.com Deborah Hensley Loewe SBN. 00793939 deborah@hensleylawfirm.com 3809 South 2nd Street, Ste. A-100 Austin, Texas 78704 (512) 476-9988 (512) 327-9992, facsimile Appellee/Defendant Defendant/Appellee's Appellate Counsel: CLARK, TREVINO & ASSOCIATES Ethan Goodwin SBN. 24064492 ethan.goodwin@farmersinsurance.com 1701 Directors Boulevard, Ste. 920 Austin, Texas 78744 (512) 445-1580 (512) 383-0503, facsimile 1 TO THE HONORABLE THIRD COURT OF APPEALS: Pursuant to Tex. R. App. P. 10.1 and 38.6(d), the Appellant, Leah Shike ("Appellant") files this Unopposed First Motion to Extend Time to File Appellant's Brief. Appellant's opening brief is currently due November 16,2015. Counsel for Appellant requests a 30-day extension of time to file Appellant's brief, making the brief due on December 16,2015. This is the first request for extension of time to file the opening brief. Counsel for Appellant relies on the following reasons, in addition to the routine matters that counsel must attend to in daily practice, to explain the need for the requested extension: • The undersigned has been under a heavy workload and it has been impossible to reach this case for study and analysis and preparation of the Brieffor Appellant. Counsel for Appellant seeks this extension of time to be able to prepare a persuasive and concise briefto aid this Court in its analysis of the issues presented. This request is not sought for delay but so that justice may be done. The undersigned has conferred with Ethan Goodwin, counsel for the Defendant/Appellee, and he has indicated that his client does not oppose this Motion. All facts recited in this Motion are within the personal knowledge of the counsel signing this Motion, therefore, no verification is necessary under Texas Rule of Appellate Procedure 10.2. PRAYER FOR RELIEF For the reasons set forth above, Appellant requests that this Court grant this Unopposed First Motion to Extend Time to File Appellant's Brief and extend the deadline for filing the Appellant's Brief up to and including December 16, 2015. Appellant requests all other relief to which she may be justly entitled. 1 Respectfully submitted, ed@hensleylawfirm.com Deborah Hensley Loewe SBN. 00793939 deborah@hensleylawfirm.com 3809 South 2"d Street, Ste. A-100 Austin, Texas 78704 (512) 476-9988 (512) 327-9992, facsimile ATTORNEYS FOR APPELLANT CERTIFICATE OF CONFERENCE Pursuant to Tex. R. App. P. 10.1(5), I certify that the undersigned conferred with opposing counsel who indicated that his client does not o CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion for Extension was forwarded to the following counsel of record on this JJ2 day of {lw~ , 2015: Via Facsimile (512/ 383-0503 Ethan Goodwin Clark, Trevino & Associates 1701 Directors Boulevard, Ste. 920 Austin, Texas 78744 2