Tracy L. Dampier v. Heidi Michelle Williams and Cheryl Williams Yearnd ( 2015 )

ACCEPTED 01-15-00670-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 12/21/2015 11:18:53 AM CHRISTOPHER PRINE CLERK NO. 01-15-00670-CV ____________________________________ FILED IN 1st COURT OF APPEALS IN THE COURT OF APPEALS FOR THE HOUSTON, TEXAS FIRST JUDICIAL DISTRICT AT 12/21/2015 11:18:53 AM HOUSTON, TEXAS CHRISTOPHER A. PRINE Clerk ____________________________________ THE ESTATE OF DONALD H. WILLIAMS, DECEASED On Appeal from Probate Court No. 3 Harris County, Texas Case No. 427,929 _________________________________________________________________ APPELLEES’ UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLEES’ BRIEF COME NOW Appellees HEIDI MICHELLE WILLIAMS and CHERYL WILLIAMS YEARND, and pursuant to TRAP 10.1 and TRAP 10.5(b)(1)(A-D), respectfully request an unopposed extension of time, extending the deadline for the filing of Appellees’ Brief in the above-styled appeal; and for good cause would show this Court the following: Introduction 1. Appellant is TRACEY L. DAMPIER. Appellees are HEIDI MICHELLE WILLIAMS and CHERYL WILLIAMS YEARND. APPELLEES’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ BRIEF PAGE 1 2. Appellant filed his Brief on November 21, 2015. Appellees’ Brief currently is due on December 23, 2015. This motion is filed before Appellees’ Brief is due. 3. No previous extension has been requested or granted to extend the time to file Appellees’ Brief. 4. Counsel for Appellant is unopposed to this motion. Basis for Extension 5. Counsel for Appellees will begin a trial on January 4, 2016 and are preparing for same, and it is the holiday season. 6. Appellees desire a thirty (30) day extension of time until Friday, January 22, 2016 in order to file Appellees’ Brief. 7. Appellant is not opposed to this extension. 8. Appellees will not be harmed and prejudiced if an extension is not granted. Appellant will not be harmed or prejudiced by the extension of the briefing deadline. Appellees’ request is not for purposes of delay, but so that justice may be done. APPELLEES’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ BRIEF PAGE 2 Conclusion 9. Appellants request a thirty-day extension of the deadline to file Appellees’ Brief due to the holiday season and trial. The new deadline for Appellees’ Brief would be Friday, January 22, 2016. Prayer 10. For the foregoing reasons, Appellees pray the Court grant a thirty-day extension of time to file Appellees’ Brief, until Friday, January 22, 2016. Respectfully submitted, HENKE & WILLIAMS, LLP By: /s/ Kathleen H. Boll KATHLEEN H. BOLL State Bar No. 00798431 KBoll@HenkeLawFirm.com 3200 Southwest Freeway, 34th Floor Houston, Texas 77027 Telephone: (713) 940-4500 Facsimile: (713) 940-4545 ATTORNEYS FOR APPELLEES HEIDI MICHELLE WILLIAMS AND CHERYL WILLIAMS HEARND APPELLEES’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ BRIEF PAGE 3 CERTIFICATE OF CONFERENCE I hereby certify that I have communicated with counsel for Appellant regarding Appellees’ Motion for Extension of Time to File Appellees’ Brief. Counsel for Appellant is not opposed to the motion. /s/ Kathleen H. Boll Kathleen H. Boll CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Appellees’ Motion for Extension of Time to File Appellees’ Brief has been sent to the following counsel of record on this the 21st day of December 2015: Counsel for Appellant Timothy A. Hootman 2402 Pease Street Houston, Texas 77003 thootman2000@yahoo.com /s/ Kathleen H. Boll Kathleen H. Boll APPELLEES’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ BRIEF PAGE 4