Ivarene and Victor Hosek v. Rosale Scott ( 2015 )

ACCEPTED 04-14-00655-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 5/18/2015 9:21:12 PM KEITH HOTTLE CLERK 04-14-00655-CV VICTOR and IVARENE HOSEK FILED IN 4th COURT OF APPEALS Appellant SAN ANTONIO, TEXAS 05/18/2015 9:21:12 PM V. KEITH E. HOTTLE Clerk ROSALE SCOTT Appellees ON APPEAL TO THE FOURTH COURT OF APPEALS FROM THE 81st JUDICIAL DISTRICT COURT TRIAL CASE NO. 2011-53723 MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ REPLY BRIEF TO THE HONORABLE COURT OF APPEALS: COME NOW APPELLANTS, VICTOR and IVARENE HOSEK and file this, their Motion for extension of time in which to file their brief. Appellants would show as follows: 1. Appellants are Victor and Ivarene Hosek, and Appellee is Rosale Scott. 2. Final judgment on a summary judgment was signed on June 19, 2014. A Motion for New Trial was filed on July 18, 2014 and Notice of Appeal was filed on Sept. 17, 2014. 3. Appellees’ Brief was filed on April 28, 2015. Appellants’ Reply Brief is due May 18, 2015. 4. No previous extensions have been granted on the Reply Brief. 5. The extension requested is fourteen (14) days, until June 1, 2015. Counsel for the Hosek has been suffering from essential tremors and has had to slow her work pace down to accommodate them. 6. The Appellees are not opposed to this extension. CONCLUSION & PRAYER The reason for this extension is not for delay but so that justice may be done. WHEREFORE, PREMISES CONSIDERED, APPELLANTS ask this Court to extend the deadline for filing their Brief fourteen days until June 1, 2015, and for such other and further relief as may be just. Respectfully submitted, _____/s/ MB CHIMENE_________ THE CHIMENE LAW FIRM Michele Barber Chimene TBN 04207500 2827 Linkwood Dr. Houston, TX. 77025 PH: (832) 940-1471; no fax michelec@airmail.net CERTIFICATE OF CONFERENCE Appellants’ counsel has contacted Raquel Perez, counsel for Appellee, who stated that she is not opposed to fourteen days. ______/s/ MB CHIMENE________ CERTIFICATE OF SERVICE A true and correct copy of this Motion for Extension has been served on counsel for Appellees, Wade Caldwell and Raquel Perez, One Riverwalk Place, Ste. 1825, 700 North St. Mary’s, San Antonio, Texas 78205 on May 18, 2015 by ECF and email. ______/s/ MB CHIMENE_________