David Bagwell, Individually and as Trustee of the David S. Bagwell Trust v. BBVA Compass, Sam Meade, and Marilyn D. Garner, Chapter 7 Trustee of the Estate of the David Bagwelll Company and Trustee of the Estate of Evermore Communities, LTD. ( 2015 )

ACCEPTED 05-14-01579-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 7/15/2015 1:26:58 PM LISA MATZ CLERK No. 05-14-01579-CV ____________________________________________ FILED IN 5th COURT OF APPEALS COURT OF APPEALS DALLAS, TEXAS for the 7/15/2015 1:26:58 PM FIFTH DISTRICT OF TEXAS LISA MATZ ________________________________________ Clerk David Bagwell, Individually and as Trustee of The David S. Bagwell Trust, et al., Appellants, v. BBVA Compass and Sam Meade, Appellees. ________________________________________ Appeal from the 101st Judicial District Court of Dallas County, Texas Honorable Martin Lowy, Presiding Judge ________________________________________ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ REPLY BRIEF _______________________________________ To the Honorable Court: Pursuant to TEX. R. APP. P. 10.5(b) and 38.6(d), Appellants David Bagwell, individually and as Trustee of The David S. Bagwell Trust (“Appellants”), file this Unopposed Motion for Extension of Time to File Appellants’ Reply Brief. In support of the 30-day extension requested in this motion, Appellants would respectfully show the Court the following: 1 1. Appellees’ Brief was filed on July 2, 2015, making Appellants’ Reply Brief due on July 22, 2015. Appellants request an extension of 30 days to file their Reply Brief, making the new date August 21, 2015. 2. The undersigned, Appellants’ lead appellate counsel, has been and will be involved in other matters that necessitate an extension, including: a. preparation for and participation in a jury trial beginning on July 6, 2015 in Janvey v. Dillon Gage Inc. of Dallas and Dillon Gage Inc., No. 3:10-CV-1973-N, pending in the U.S. District Court for the Northern District of Texas; b. preparation of an appellant’s brief due on July 13, 2015 in City of McKinney v. El Dorado Land Company, L.P., No. 05-15-00067-CV, pending in this Court; and c. preparation of an appellees’ brief due on August 14, 2015 in Lutheran Social Services of the South, Inc. v. Winnie Blount, Individually, and as Next Friend of P.B., a minor child, and John Blount, Individually and as Next Friend of P.B., a minor child, No. 05-15-00380-CV, pending in this Court. 3. Because of these and other scheduling conflicts, including a prepaid vacation from July 26 - August 3, the undersigned believes that a 30-day extension will be necessary in order to prepare an adequate reply brief in this case. 4. Co- Appellants and Appellees do not oppose this request. WHEREFORE, Appellants David Bagwell, individually and as Trustee of The David S. Bagwell Trust, respectfully pray that the Court grant this unopposed motion and extend the time to file their Appellants’ Reply Brief to August 21, 2015. 2 Respectfully submitted, /s/ Jeffrey S. Levinger Jeffrey T. Hall Jeffrey S. Levinger State Bar No. 00787622 State Bar No. 12258300 Jeffrey T. Hall, Esq. Levinger PC 1717 McKinney Avenue, Suite 700 1445 Ross Avenue, Suite 2500 Dallas, Texas 75202 Dallas, Texas 75202 Telephone: 214-593-6446 Telephone: 214-855-6817 Facsimile: 855-830-1952 Facsimile: 214-855-6808 Email: jthallesq@gmail.com Email: jlevinger@levingerpc.com J. Carl Cecere State Bar No. 24050397 Cecere PC 6035 McCommas Blvd. Dallas, Texas 75206 Attorneys for Appellants Telephone: 469-600-9455 David Bagwell, Individually and as Email: ccecere@cecerepc.com Trustee of the David S. Bagwell Trust CERTIFICATE OF CONFERENCE On July 14, 2015, the undersigned conferred with Jeffrey Seeburger, counsel for Appellees, and Payton Healey, counsel for co-Appellants, regarding this motion. Both counsel stated that their clients do not oppose the requested extension of time to file the Appellants’ Reply Brief. /s/ Jeffrey S. Levinger Jeffrey S. Levinger 3 CERTIFICATE OF SERVICE The undersigned certifies that a copy of this Unopposed Motion for Extension of Time to File Appellants’ Reply Brief was served on all counsel of record via the Court’s electronic filing system on this 15th day of July, 2015. Patrick W. Powers Michael A. Logan Payton J. Healey Jeffrey S. Seeburger Powers Taylor LLP Victoria Nsikak 8150 North Central Expressway Kane Russell Coleman & Logan PC Suite 1575 1601 Elm Street Dallas, TX 75206 3700 Thanksgiving Tower Dallas, TX 75201 /s/ Jeffrey S. Levinger Jeffrey S. Levinger 4