Rosa Ena Cantu v. Southern Insurance Company and Steve Dollery ( 2015 )

ACCEPTED
03-15-00303-CV
7655680
THIRD COURT OF APPEALS
AUSTIN, TEXAS
11/3/2015 11:01:55 AM
JEFFREY D. KYLE
CLERK
CASE NO. 03-15-00303-CV
FILED IN
3rd COURT OF APPEALS
IN THE THIRD COURT OF APPEALS AUSTIN, TEXAS
11/3/2015 11:01:55 AM
AUSTIN, TEXAS JEFFREY D. KYLE
Clerk
Rosa Ena Cantu, Appellant
v.
Southern Insurance Company and Steve Dollery, Appellees
On Appeal from the 21st Judicial District
Bastrop County, Texas
Trial Court Cause No. 053-21
Hon. Carson Campbell
Unopposed Motion to Extend Time to File Appellees’ Brief
TO THE HONORABLE COURT OF APPEALS:
Appellees Southern Insurance Company and Steve Dollery ask the Court to
extend the time to file Appellees’ Brief.
1. Appellees are Southern Insurance Company and Steve Dollery;
Appellant is Rosa Ena Cantu.
2. There is no specific deadline to file this motion to extend time. See
Tex. R. App. P. 38.6(d). The Court may grant a motion to extend time to file a
brief and postpone submission of the case on a motion complying with Texas Rule
of Appellate Procedure 10.5(b). Id.
3. The deadline to file Appellees’ Brief is November 6, 2015. Appellees
request an additional thirty (30) days to file their brief, extending the time until
Monday, December 7, 2015. No previous extension of time has been granted to
file Appellees’ Brief.
4. The subject of this appeal is the trial court’s dismissal of the
underlying action based on dominant jurisdiction. This Court has already affirmed
a declaratory judgment in favor of Appellee Southern Insurance in the parties’
dispute. See Cantu v. Southern Ins. Co., No. 03-14-00533-CV, 2015 WL 5096858
(Tex. App.–Austin Aug. 25, 2015, no pet.). Although Appellees believe that
Appellant’s current appeal is without merit, a heavy briefing schedule, including
mandamus briefing in the Amarillo Court of Appeals; summary judgment briefing
in two federal cases; and an appellate brief in the U.S. Fifth Circuit Court of
Appeals, all due by the deadline for Appellees’ brief in this case, has left the
undersigned with insufficient time to adequately respond to the points raised in
Appellant’s brief by the current deadline. The Court granted Appellant two
extensions of time to file her brief in this appeal, which Appellees did not oppose.
Appellees therefore request a 30-day extension to prepare a brief that will better
assist the Court in its deliberations.
5. This request is not sought for the purpose of delay but so that justice
may be done.
Unopposed Motion to Extend Time to File Appellees’ Brief Page 2
WHEREFORE, PREMISES CONSIDERED, Appellees Southern Insurance
Company and Steve Dollery respectfully pray that the Court grant this motion to
and for such other and further relief to which Appellees may show themselves
justly entitled.
Respectfully submitted,
HANNA & PLAUT, L.L.P.
211 East Seventh Street, Suite 600
Austin, Texas 78701
Telephone: (512) 472-7700
Facsimile: (512) 472-0205
By: /s/ Eric S. Peabody
Catherine L. Hanna
State Bar No. 08918280
channa@hannaplaut.com
Eric S. Peabody
State Bar No. 00789539
epeabody@hannaplaut.com
Laura D. Tubbs
State Bar No. 24052792
ltubbs@hannaplaut.com
COUNSEL FOR APPELLEES
SOUTHERN INSURANCE
COMPANY AND STEVE
DOLLERY
Unopposed Motion to Extend Time to File Appellees’ Brief Page 3
CERTIFICATE OF CONFERENCE
On October 28, 2015, counsel for Appellees conferred with Audrey Guthrie,
counsel for Appellant Rosa Ena Cantu, via email regarding this motion. Counsel
for Appellant advised that she is unopposed to the relief sought.
/s/ Eric S. Peabody
Eric S. Peabody
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Motion to
Extend Time to File Appellees’ Brief has been forwarded by e-service and/or
facsimile on the 3rd day of November, 2015 to:
Via Facsimile: (713) 467-8883
M. Chad Gerke
Robert L. Collins
Audrey E. Guthrie
Email: houstonlaw2@aol.com
P.O. Box 7726
Houston, Texas 77270-7726
Via Facsimile: (713) 467-8883
Christopher D. Lewis
Email: houstonlaw2@aol.com
1721 West T.C. Jester Blvd.
Houston, Texas 77008
Counsel for Appellant
/s/ Eric S. Peabody
Eric S. Peabody
Unopposed Motion to Extend Time to File Appellees’ Brief Page 4