NO. 03-15-00219-CV

IN THE COURT OF APPEALS

THIRD DISTRICT OF TEXAS

AT AUSTIN

HALLMARK SPECIALTY UNDERWRITERS, INC., and HALLMARK SPECIALTY

INSURANCE COMPANY,

Appellants

v

TEXAS MUTUAL INSURANCE COMPANYO

Appellee

Appeal from the

98th District Court of Travis County, Texas

Cause No. D- 1 -GN- 14-003789

APPELLEE TEXAS MUTUAL INSURANCE COMPANY'S UNOPPOSED MOTION

FOR EXTENSION OF TIME TO FILE APPELLEEOS BRIEF

TO THE HONORABLE COURT:

COMES NOV/ the Appellee, Texas Mutual Insurance Company ("Texas

Mutual"), and files this its Unopposed Motion for Extension of Time to File

Appellee's Brief, and in support thereof would show the court as follows:

l. This case is an appeal from a finaljudgment in the 98ft District of Travis

County, Texas. Hallmark Specialty Underwriters, Inc. and Hallmark Specialty

1

ACCEPTED

03-15-00219-CV

5929473

THIRD COURT OF APPEALS

AUSTIN, TEXAS

7/2/2015 5:43:31 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/2/2015 5:43:31 PM JEFFREY D. KYLE Clerk
Insurance Company are the Appellants (collectively, the "Hallmark Appellants").

Texas Mutual is the Appellee.

2. The HallmarkAppellants filedthe Appellants' Brief on June 11,2015. Under

the current briefing schedule, Texas Mutual's Appellee's Brief is due on Monday,

July 13,2015. Tex. R. App. P.38.6(b).

3. Both parties have been engaged in discussions regarding the possible

resolution ofthis appeal. However, neitherpartywishes to incur additional appellate

costs if the case is soon to be mutually resolved. An extension of the briefing

deadlines will allow the parties additional time to discuss a resolution of the appeal

without imposing unnecessary appellate costs

4. Texas Mutual asks that this Court grant Texas Mutual a 30-day extension to

file its Appellee' s Brief. Texas Mutual' s Appellee' s Brief would be due by Thursday,

August 13,2015.

5. Texas Mutual has not previously requested an extension to file its Appellee's

Brief in this matter

6. Texas Mutual's requested modification is for good cause, is not sought solely

for the purposes of delay, and is sought to promote judicial efficiency

7. Counsel for the Hallmark Appellants was contacted by counsel for Texas

Mutual and does not oppose this motion.

2
WHEREFORE, PREMISES CONSIDERED, Texas Mutual respectfully

requests that this Court grant this Unopposed Motion for Extension of Time to File

Appellee's Brief and extend the deadline for Texas Mutual to file its brief to August

13,2075.

Respectfully Submitted,

ARNOLD & PLACEK, P.C.

203 EasI Main Street, Suite 201

Round Rock, Texas 78664

Telephone:(5 1 2) 341 -7 044

Facsimile:(512) 41-7921

By:

R. TT

State BarNo. 00784769

splacek@arnoldplacek. com

SCOTT K. ARNOLD

State Bar No. 00785669

sarnold@arnoldplacek. com

JONATHAN L. CHALTAIN

State Bar No. 24079787

j chaltain@arno I dp I ac ek. c om

ArronNpvs FoR ApperreNr

Tnxes MUTUAL INSURANCE COMPANY

a

J
CERTIFICATE OF CONFERENCE

I hereby certi$r that I conferred with appellants' counsel on July 2,201.5 and

that appellants' counsel does not oppose this motion. \

CERTIF'ICATE OF SERVICE

J

I hereby certiff that a true and correct copy of the fqteg

been forwarded by facsimile andlor certified mail, on the/{day

following counsel of record:

Wm. David Farmer

Chad W. Schreiber

CuRNnY, FARMER, Housg & Ostnra, P.C.

411 Heimer Road

San Antonio, Texas 78232-4854

Phone: 210-377-1990

Fax: 210-377-t065

Via Facsimile

Chaltain

oing document has

of July, 2015,to the

4