Delores Galvan v. Robert Leake, Individually and Zebra Instruments Corporation ( 2015 )

ACCEPTED
03-15-00376-CV
7994063
THIRD COURT OF APPEALS
AUSTIN, TEXAS
11/25/2015 1:52:44 PM
JEFFREY D. KYLE
CLERK
IN THE COURT OF APPEALS
THIRD JUDICIAL DISTRICT OF TEXAS
AUSTIN, TEXAS
FILED IN
3rd COURT OF APPEALS
DELORES GALVAN § AUSTIN, TEXAS
Appellant § 11/25/2015 1:52:44 PM
§ JEFFREY D. KYLE
v. § CASE NO. 03-15-000376-CV
Clerk
§
ROBERT LEAKE, INDIVIDUALLY §
AND ZEBRA INSTRUMENTS §
CORPORATION §
Appellees §
_____________________________________________________________________________________
APPELLEES’ RESPONSE IN OPPOSITION TO
APPELLANT’S FOURTH MOTION FOR EXTENSION OF TIME
_____________________________________________________________________________________
COMES NOW, Robert Leake and Zebra Instruments Corporation, and files this
their Response in Opposition to Appellant’s Fourth Motion for Extension of Time to File
Appellant’s Brief, and in support thereof would show as follows:
I.
HISTORY OF THE CASE
Final judgment was entered in this case on June 17, 2015. Appellant’s brief was
originally due on August 14, 2015. Appellant’s first unopposed motion for extension was
granted on August 6, 2015, and this Court ordered the brief to be filed by September 28,
2015. Appellant’s second unopposed motion for extension was granted on September 29,
2015, and the brief ordered to be filed on October 13, 2015. Appellant’s third motion for
extension was granted on October 14, 2015, and the brief ordered to be filed on October 28,
2015. No brief nor motion for yet another extension of time was timely filed.
On November 17, 2015, this Court issued a notice of late brief and ordered a
satisfactory response no later than November 30, 2015. On November 24, 2015, Appellant
filed her fourth motion for extension of time, requesting another 90 day extension. As a
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basis for the extension, Appellant cites the death of Mr. Staton, who has never appeared as
counsel for Appellant in this case. Thus, Appellant seeks to file her brief on February 28th,
just shy of 200 days after the brief was originally due.
II.
APPELLANT’S MOTION DOES NOT COMPLY
WITH T.R.A.P. 10.5
Appellee objects to Appellant’s motion because it fails to comply with T.R.A.P. 10.5.
Specifically, Appellant failed to notify the Court of the three prior extensions that had been
granted in this case. Further, Appellee failed to sufficiently state facts relied on to
reasonably explain Mr. Staton’s involvement in this case, the task(s) he was undertaking
relating to the reply brief if any, and the prejudice or harm to Appellant from Mr. Staton’s
untimely death as it relates to the brief. Rios v. Calhoon, 889 S.W.2d 257 (Tex.1994).
III.
NINETY DAYS IS TOO MUCH OF AN EXTENSION
Appellant has failed to give any reasonable basis for such a lengthy delay. If this
Court is inclined to grant another extension, Appellee would urge that it be limited to
fifteen days and the Court further order that this is the final extension granted Appellant
to file her brief.
WHEREFORE, PREMISES CONSIDERED, Appellees Robert Leake and Zebra
Instruments Corporation pray that Appellant’s Motion for Extension of Time be in all
things DENIED. Alternatively, Appellees pray that any extension granted be limited to no
longer than 15 days.
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Respectfully submitted,
SNEED VINE & PERRY
A PROFESSIONAL CORPORATION
By: /s/ Christopher Stanley____________
Christopher Stanley
Texas Bar No. 19044400
Email for filings only:
gtwnfilings@sneedvine.com
108 East 8th Street
Georgetown, TX 78626
Tel. (512) 930-9775
Fax. (512) 819-9707
ATTORNEY FOR DEFENDANTS
ROBERT LEAK AND ZEBRA INSTRUMENTS
CORPORATION
CERTIFICATE OF SERVICE
I certify that on November 25, 2015, a true and correct copy of the foregoing
pleading was served via email to Scott Ogle via soglelaw@peoplepc.com and the
transmission was reported as complete.
/s/ Christopher Stanley____________
Christopher Stanley
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