Cause No. 04-14-00579-CV 

Jay Kay Bear, Ltd., § In the Court of Appeals 

 Appellant/ Cross-Appellee, § 

 § 

—versus— § Fourth Court of Appeals District 

 § 

Patty Martin, § 

 Appellee/ Cross-Appellant. § San Antonio, Texas 

JOINT FIRST MOTION FOR EXTENSION OF TIME TO FILE

BRIEF OF APPELLEE AND BRIEF OF CROSS-APPELLEE

TO THE HONORABLE JUSTICES OF SAID COURT: 

 NOW COME Appellant/ Cross-Appellee Jay Kay Bear, Ltd., and Appellee/ CrossAppellant Patty Martin, and jointly request that this Court extend the deadline to file the Brief of 

Appellee and the Brief of Cross-Appellee by thirty days, and would respectfully show the Court 

as follows: 

A. Factual and Procedural History 

1. The case is on appeal from the 45th Judicial District Court, Bexar County, Texas. 

2. The style and number of the case in the trial court was Patty Martin v. V. Keith Dullye, 

Bexar Mercantile, Inc., Jay Kay Bear, Ltd., John M. Killian, Individually and as Trustee, Frerich 

Capital, Ltd., Bexar County District Court Cause No. 2011-CI-11890. 

3. This is an appeal from a Final Judgment rendered after a bench trial. 

4. The present deadline for Appellee and Cross-Appellee to file their Appellees’ briefs in 

this case is March 30, 2015. 

B. Argument and Authorities 

5. This Court has the authority to grant a motion to extend the deadline to file a party’s brief 

under Texas Rule of Appellate Procedure 10.5(b). 

ACCEPTED

04-14-00579-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

3/26/2015 10:59:26 AM

KEITH HOTTLE

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 03/26/2015 10:59:26 AM KEITH E. HOTTLE Clerk
2 

6. Appellee and Cross-Appellee each seek an extension of time of thirty (30) days—until 

April 29, 2015—to file their briefs. 

7. The appellate record in this case is voluminous. The Clerk’s Record is two volumes. The 

Supplemental Clerk’s Record is one volume. And the Reporter’s Record is fourteen volumes. 

8. Appellee and Cross-Appellee each require additional time to review the appellate record, 

perform the legal research, and draft briefs that will be helpful to this Court. 

9. This is the first motion for extension of the deadline to file the Appellees’ briefs filed in 

this case. 

C. Conclusion and Prayer 

10. For the foregoing reasons, Appellant/ Cross-Appellee Jay Kay Bear, Ltd., and Appellee/ 

Cross-Appellant Patty Martin respectfully request that this Court grant this Joint Motion for 

Extension of Time to File Brief of Appellee and Brief of Cross-Appellee, and extend the 

deadline filing those briefs until April 29, 2015. 

 Respectfully submitted, 

 /s/ Beth Watkins 

Beth Watkins 

State Bar No. 24037675 

LAW OFFICE OF BETH WATKINS

926 Chulie Drive 

San Antonio, Texas 78216 

(210) 225-6666—phone 

(210) 225-2300—fax 

Beth.Watkins@WatkinsAppeals.com

COUNSEL FOR APPELLANT/ CROSS-APPELLEE

JAY KAY BEAR, LTD. 

 /s/ Patricia M. Oviatt 

Patricia M. Oviatt 

State Bar No. 24046571 

COKINOS, BOSIEN & YOUNG

10999 West IH 10, Suite 800 

San Antonio, Texas 78230 

(210) 293-8700—phone 

(210) 293-873—fax 

POviatt@cbylaw.com

COUNSEL FOR APPELLEE/ CROSS-APPELLANT

PATTY MARTIN

 
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CERTIFICATE OF CONFERENCE

 I hereby certify that on March 23, 2015, I e-mailed Patricia M. Oviatt, Counsel for 

Appellee/ Cross-Appellant Patty Martin. On March 24, 2015, Ms. Oviatt responded that, on 

behalf of her client, she agreed to this motion. 

 /s/ Beth Watkins 

 Beth Watkins 

CERTIFICATE OF SERVICE

 I hereby certify that on March 26, 2015, a true and correct copy of the foregoing 

Appearance of Counsel was electronically served on the following counsel of record: 

Patricia M. Oviatt 

COKINOS, BOSIEN & YOUNG

10999 West IH 10, Suite 800 

San Antonio, Texas 78230 

POviatt@cbylaw.com

COUNSEL FOR APPELLEE/ CROSS-APPELLANT

PATTY MARTIN

 /s/ Beth Watkins 

 Beth Watkins 

 COUNSEL FOR APPELLANT/ CROSS-APPELLEE

 JAY KAY BEAR, LTD.