Long Canyon Phase II and III Homeowners Association, Inc. v. Chris Cashion and Lia Cashion ( 2015 )

ACCEPTED 03-15-00498-CV 6873283 THIRD COURT OF APPEALS AUSTIN, TEXAS 9/10/2015 4:05:07 PM JEFFREY D. KYLE CLERK NO. 03-15-00498-CV FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD DISTRICT OF TEXAS 9/10/2015 4:05:07 PM JEFFREY D. KYLE Clerk LONG CANYON PHASE II AND III HOMEOWNERS ASSOCIATION, INC., Appellant, v. CHRIS CASHION AND LISA CASHION, Appellee. Appealed from the County Court at Law No. 2 of Travis County, Texas, Cause No. C-1-CV-15-001016 APPELLANT LONG CANYON PHASE II AND III HOMEOWNERS ASSOCIATION, INC.’S FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLANT BRIEF TO THE HONORABLE COURT: Appellant Long Canyon Phase II and III Homeowners Association, Inc. (“Appellant”), files this First Motion for Extension of Time to File Appellant’s Brief pursuant to Texas Rules of Appellate Procedure 38.6(d) and 10.5(b)(1) and would respectfully show unto the Court the following: 1. The deadline for filing Appellant’s Brief is today, September 10, 2015. 2. Appellant seeks a 21-day extension of time to file Appellant’s Brief. Appellant respectfully requests that the Court extend the deadline for filing Appellant’s Brief to October 1, 2015. 3. This is the first Motion for Extension of Time filed for Appellant’s Brief with the Court. 4. This extension of time is not requested for mere delay, but to allow Appellant adequate time to prepare Appellant’s Brief. 5. Appellant is requesting additional time in order to thoroughly research and adequately brief these matters for the Court. For these reasons, Appellant respectfully requests that this Court grant a 21-day extension of time to file Appellant’s Brief. Appellant also requests any further relief to which it may be entitled. 2 Respectfully submitted, Roberts Markel Weinberg Butler Hailey PC _______________________________ FRANK O. CARROLL III Texas State Bar No. 24082785 DAWN S. HOLIDAY Texas State Bar No. 24046090 Amy M. VanHoose Texas State Bar No. 24042085 2800 Post Oak Blvd., 57th Floor Houston, Texas 77056 Telephone: 713-840-1666 Facsimile: 713-840-9404 fcarroll@rmwbhlaw.com dholiday@rmwbhlaw.com avanhoose@rmwbhlaw.com ATTORNEYS FOR APPELLANT, LONG CANYON PHASE II AND III HOMEOWNERS ASSOCIATION, INC. 3 CERTIFICATE OF CONFERENCE I hereby certify that on September 10, 2015, I conferred with William C. Davidson regarding the merits of this First Motion for Extension of Time. Mr. Davidson informed me that he was unopposed to the filing of this First Motion for Extension of Time. _________________________________ FRANK O. CARROLL III CERTIFICATE OF COMPLIANCE I hereby certify that this document is 463 words, as calculated by the word count feature of Microsoft Word 2007 (Professional Edition). _________________________________ FRANK O. CARROLL III 4 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument was served upon the parties listed below by facsimile, messenger, regular U.S. Mail, certified mail, return receipt requested and/or electronic service in accordance with the Texas Rules of Appellate Procedure on this the 10th day of September, 2015. William C. Davidson bdavidson@chmc-law.com Chamberlain McHaney P.O. Box 684158 301 Congress, 21st Floor Austin, Texas 79701 _____________________________________ Frank O. Carroll III 5