AAMCO Transmissions, Inc. v. James A. Bova ( 2015 )

ACCEPTED
01-14-00974-cv
FIRST COURT OF APPEALS
HOUSTON, TEXAS
5/14/2015 12:49:47 PM
CHRISTOPHER PRINE
CLERK
CAUSE NO. 01-14-00974-CV
FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
In The 5/14/2015 12:49:47 PM
Court of Appeals CHRISTOPHER A. PRINE
For The Clerk
st
1 District of Texas
________________________________________
AAMCO TRANSMISSIONS, INC.
Appellant,
v.
JAMES A. BOVA
Appellee.
________________________________________
On Appeal from the 113th Judicial District Court
Harris County, Texas
Trial Court No. 2013-77066
________________________________________
Appellee’s Motion to Extend Time to File Reply to Appellant’s Brief
________________________________________
Mestemaker, Straub & Zumwalt
David K. Mestemaker
SBN: 13974600
FBN: 14410
3100 Timmons Lane
Suite 455
Houston, Texas 77027
Telephone: (713) 626-8900
Facsimile: (713) 626-8900
Counsel for Appellant
APPELLEE’S MOTION TO EXTEND TIME TO FILE REPLY TO
APPELLANT’S BRIEF
COMES NOW, JAMES A. BOVA, Appellee in the above- entitled and numbered
cause, by and through his attorney, David K. Mestemaker of Mestemaker, Straub &
Zumwalt, and files this Motion to Extend Time to File Reply to Appellant’s Brief, and in
support thereof, would respectfully show unto the Court as follows:
1. This matter is on appeal from the 113th District Court of Harris County. The
matters on appeal are the rulings from a Default Judgment that resulted in a Final
Judgment signed on June 9, 2014. The Trial Court cause number is 2013-77066. The case
was styled James A. Bova v. AAMCO Transmissions, Inc.
2. Appellee’s reply brief is due on Thursday, May 21, 2015. Appellant seeks
an extension of time of 8 days, making Appellee’s reply brief due on Friday, May 29,
2015.
3. Due to Appellee’s counsel’s schedule, of preexisting hearing and trial dates,
it would be difficult and impose a hardship for Appellee’s counsel to properly reply to
Appellant’s brief. Appellee’s counsel has been called to trial in the 82nd Judicial District
Court of Robertson County, Texas, for Cause No. 13-10-19432-CV.
4. This Motion is not being made for the purpose of delay, but so that justice
may be done.
5. Appellee prays that this Court grant Appellee an extension of time to file
his reply to Appellant’s brief, pursuant to Texas Rules of Civil Procedure 10.5 and
38.6(d), to at least May 29, 2015, and all other relief, at law or in equity, to which he
shows himself justly entitled.
Respectfully Submitted:
Mestemaker, Straub & Zumwalt
/s/ David K. Mestemaker
____________________________
Mestemaker, Straub & Zumwalt
David K. Mestemaker
SBN: 13974600
FBN: 14410
3100 Timmons Lane
Suite 455
Houston, Texas 77027
Telephone: (713) 626-8900
Facsimile: (713) 626-8900
Counsel for Appellant
CERTIFICATE OF SERVICE
As required by Texas Rule of Appellate Procedure 6.3 and 9.5(b), (d), (e), I certify
that I have served this document on all other parties on May 14, 2015.
Respectfully Submitted:
Mestemaker, Straub & Zumwalt
/s/ David K. Mestemaker
____________________________
Mestemaker, Straub & Zumwalt
David K. Mestemaker
SBN: 13974600
FBN: 14410
3100 Timmons Lane
Suite 455
Houston, Texas 77027
Telephone: (713) 626-8900
Facsimile: (713) 626-8900
Counsel for Appellant