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No. 05-14-01579-CV

IN THE COURT OF APPEALS

FOR THE FIFTH DISTRICT OF TEXAS

AT DALLAS

DAVID BAGWELL, INDIVIDUALLY AND AS TRUSTEE OF THE DAVID BAGWELL 

TRUST, AND MARILYN D. GARNER, CHAPTER 7 TRUSTEE OF THE ESTATE OF THE 

DAVID BAGWELL COMPANY AND TRUSTEE OF THE ESTATE OF EVERMORE 

COMMUNITIES, LTD.,

Appellants, 

v.

BBVA COMPASS AND SAM MEADE

Appellees.

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 TEX. R. APP. 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

CLERK

 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 3/18/2015 5:04:30 PM LISA MATZ Clerk
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extension requested in this motion, Appellant would respectfully show the Court 

the following:

1. On February 18, 2015, the Court granted Appellants’ request 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, Appellant’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, Dallas Division;

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

March 18, 2015 in Wasserman, et al. v. Dondero, et al.; DC-13-06074; 191st Judicial 

District Court, Dallas 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 

Judicial 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.
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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

POWERS TAYLOR LLP

8150 North Central Expressway 

Suite 1575

Dallas, Texas 75206

Phone: 214.239.8900

Fax: 214.239.8901

Attorneys for Appellant 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. Healey
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CERTIFICATE OF SERVICE

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

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

this the 18th day of March 2015, as follows:

VIA ELECTRONIC FILING SERVICE

Michael Logan

Jeffrey Seeburger

Victoria Nsikak

KANE RUSSELL COLEMAN & LOGAN PC

1601 Elm Street

3700 Thanksgiving Tower

Dallas, Texas 75201

VIA ELECTRONIC FILING SERVICE

Jeffrey S. Levinger

Levinger PC

1445 Ross Avenue, Suite 2500

Dallas, Texas 75202

VIA ELECTRONIC FILING SERVICE

Jeffrey T. Hall

Attorney at Law

2200 Ross Avenue, Suite 5350

Dallas, Texas 75201

/s/ Peyton J. Healey

Peyton J. Healey