1 No. 05

- 14

- 01579

- CV

I N THE C OURT OF A PPEALS

F OR THE F IFTH D ISTRICT OF T EXAS

A T D ALLAS

D AVID B AGWELL

, I NDIVIDUALLY AND AS T RUSTEE OF THE D AVID B AGWELL

T RUST

, AND M ARILYN D. G ARNER

, C HAPTER 7 T RUSTEE OF THE E STATE OF THE

D AVID B AGWELL C OMPANY AND T RUSTEE OF THE E STATE OF E VERMORE

C OMMUNITIES

, L TD

.,

Appellants

,

v.

BBVA C OMPASS AND S AM M EADE

Appellee s

.

On Appeal from the 101st District Court

Dallas County, Texas

UNOPPOSED MOTION FOR EXTENSION OF TIME

TO FILE APPELLANT’S BRIEF

TO THE HONORABLE COURT OF APPEALS:

Pursuant to T EX

. R. A PP

. P. 10.5 ( b) and 38.6(d). Appellant Marilyn D.

Garner, Chapter 7 Trustee of the estate of the David Bagwell Company and

Trustee of the Estate of Evermore Communities, Ltd., file this Unopposed Motion

for Extension of Time to File Appellant’s Brief. In support of the 14

- day ACCEPTED

05-14-01579-CV

FIFTH COURT OF APPEALS

DALLAS, TEXAS

3/18/2015 5:04:30 PM

LISA MATZ

CLERK2 extension requested in this motion, Appellant would respectfully show the Court

the following:

1. On February 18 , 2015, the Court granted Appellants’ req uest for an

extension of 30 days to file their brief, making the due date March 23, 2015. For

the folowing reasons, Appellants request an additional extension of 14 days to

file their brief, making the new due date April 6, 2015.

2. The undersigned, App ellant’s lead appellate counsel, has been and

will be involed in other matters that necessitate an extension, including:

a. Preparation for and attendance in mediation on on March 6, 2015 in

EXCO Resources Inc. v. United Rentals, Inc. ; 3 :13

- CV

- 00897 ; United States District

Court for the Northern District of Texas, Da l las Division ;

b. Preparation for and attendance in the deposition of Kent Gatzki on

March 1 8, 2015 in Wasserman, et al. v. Dondero, et al. ; DC

- 13

- 06074; 191st Judicial

District Court, Dall as County; and

c. Preparation for and attendance in the deposition of James Dondero

on March 23 , 2015 in Wasserman, et al. v. Dondero, et al. ; DC

- 13

- 06074; 191st

Judicia l District Court, Dallas County.

3. Because these and other scheduling conflicts, the undersigned

believes that a 14

- day extension will be necessary in order to prepare and

adequate brief in this case.3 WHEREFORE, Appellant Marilyn D. Garner, Chapter 7 Trustee of the

estate of the David Bagwell Company and Trustee of the Estate of Evermore

Communities, Ltd., respectfully prays that the Court grant this unopposed

motion and extend the time to file Appellant’s Brief to April 6 , 2015.

Respectfully submitted,

Patrick W. Powers

State Bar No. 24013351

patrick@powerstaylor.com

Peyton J. Healey

State Bar No. 24035918

peyton@powerstaylor.com

P OWERS T AYLOR LLP

8150 North Central Expressway

Suite 1575

Dallas, Texas 75206

Phone: 214.239.8900

Fax: 214.239.8901

A ttorneys for A ppellant Marilyn D. Garner,

Chapter 7 Trustee of the estate of the David

Bagwell Company and Trustee of the Estate of

Evermore Communities, Ltd.

CERTIFICATE OF CONFERENCE

On March 18 , 2015, the undersigned confered with Jeffrey Seeburger,

counsel for Appellees, and Jeffrey Hall, counsel for co

- Appellants, regarding this

motion. Both counsel stated that their clients do not oppose the requested

extension of time to file the Appellant’s Brief.

/s/ Peyton J. Healey

Peyton J. Healey4 CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the

foregoing document has been served upon the following couns el of record, on

this the 1 8 th day of March 201 5 , as follows:

V

IA E LECTRONIC F ILING S ERVICE

Michael Logan

Jeffrey Seeburger

Victoria Nsikak

KANE RUSSELL COLEMAN & LOGAN PC

1601 Elm Street

3700 Thanksgiving Tower

Dallas, Texas 75201

V

IA E LECTRONIC F ILING S ERVICE

Jeffrey S. Levinger

Levinger PC

1445 Ross Avenue

, Suite 2500

Dallas, Texas 7520 2

V

IA E LECTRONIC F ILING S ERVICE

Jeffrey T. Hall

Attorney at Law

2200 Ross Avenue

, Suite 5350

Dallas, Texas 75201

/s/ Peyton J. Healey

Peyton J. Healey