### No. 09

- 17

- 00203

In the Ninth Court of Appeals

at Beaumont, Texas

LAURA KATHLEEN FIELDING, ADMINISTRATOR OF THE ESTATE OF

CHARLES W. HODGE

Appellant

v.

JANNIECE TULLOS

Appellee

On Appeal from Cause No. D- 160,234 -C

in the 260th District Court of Orange County , Texas

U NOPPOSED 

### M OTION TO 

### E XTEND 

### T IME TO 

### F ILE



### A PPELLEE 

### ’ S 

### B RIEF

To the Honorable Court:

Appellee, Janniece Tullos, files this Unopposed Third Motion for Extension of Time to

file Appellee’s Brief and would respectfully show as follows:

I.

Time Requested for Extension

Appellee’s Brief is currently due on Friday

, December 15, 2017. Appellee requests an

extension up to and including Monday, January 15, 201 8 , to file Appellee’s Brief in this matter.

Appellee requests an extension of thirty days. This is Appellee’s third request for an extension. ACCEPTED

09-17-00203-CV

NINTH COURT OF APPEALS

BEAUMONT, TEXAS

12/12/2017 12:09 PM

CAROL ANNE HARLEY

CLERKII.

The Extension is Unopposed

Counsel for Appellant does not oppose the extension.

III.

Grounds for Extension

In addition to preparing the Brief in this case, the undersigned Appellee’s couns el have

had numerous other work

- related commitments including preparation of other briefs and for oral

argument in ano ther case for attorney Gaultney, travel to out of state depositions for Clark and

Smith, and extensive care of her mother for Chamblin. This is the last request by Appellee for an

extension and the request is for thirty days because the thirty days includes the Christmas

holidays

.

IV.

Authority to Grant Extension

The Court may grant an extension of time to file a response under the authority of Texas

Rule of Appellate Procedure 10.5(b). Because this is an unopposed motion to extend time to file

a brief , this motion may be determined by the Court without wai t ing t h e 10

- day s ubmiss ion

period

. See Tex.R.App.P 10.3(a)(1)(2).

V.

This request will not unnecessarily delay disposition of this matter, but will allow

Appellee adequate opportunity to prepare a response that will be of maximum benefit to the

Court.VI.

This motion is no t brought for purposes of delay, but so that justice may be

accomplished.

WHEREFORE, Appellee prays that this Court grant Appellee an extension up to and

including Monday

, January 15, 201 8 , to file Appellee’s Brief and for such other and further relief

to which Appellee may be justly entitled.

Respectfully submitted,

Sandra F. Clark

David Gaultney

State Bar No. 07765300

davidgaultney@mehaffyweber.com

MehaffyWeber, P.C.

823 Congress Avenue, Suite 200

Austin, Texas 78701

Phone: (512) 394

- 3840

Fax: (512) 394

- 3860

Steve Parkhurst

State Bar No. 00797206

sparkhurst@dieslaw.com

Dies & Parkhurst

1009 Green Avenue

Orange, Texas 77630

Phone: (409) 883

- 0829

Fax: (409) 670

- 0888 Sandra F. Clark

State Bar No. 04294520

sandraclark@mehaffyweber.com

Patricia D. Chamblin

State Bar No. 04086400

patriciachamblin@mehaffyweber.com

Michele Y. Smith

State Bar No. 00785296

michelesmith@mehaffyweber.com

MehaffyWeber, P.C.

2615 Calder, Suite 800

Beaumont, Texas 77702

Phone: (409) 835

- 5011

Fax: (409) 835

- 5177

ATTORNEYS FOR APPELLEE, JANNIECE

TULLOSCERTIFICATE OF CONFERENCE

As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I have

conferred with Appellant’s counsel, Terry Wood, by email and Appellant is unopposed to this

Motion

.

Sandra F. Clark

CERTIFICATE OF SERVICE

As require d by T EXAS R ULE OF A PPELLATE P ROCEDURE 6.3 and 9.5(b)(d)(e), I certify that

I have served this document on Appellant on the 12 th day of December , 2017 as follows:

Terry W. Wood Via E

- File and E

- Mail

Terry W. Wood, PC terry@twwoodpc.com

2530 Calder Avenue

Beaumont, TX 77702

Sandra F. Clark