NO. 03- 15

- 00271

- CV

IN THE
THIRD COURT OF APPEALS AUSTIN, TEXAS

CYNTHIA WALKER, Individually and on Behalf of the ESTATE OF NORMAN WALKER; STEPHEN WALKER; STEPHANIE WALKER HATTON; JORDAN WALKER; and CAREN ANN JOHNSON
APPELLANTS

V.

UME, INC. d/b/a CAMP HUACO SPRINGS; WWGAF, INC. d/b/a ROCKIN’ RIVER RIDES; WILLIAM GEORGE RIVERS; and

RICHARD DUANE RIVERS
APPELLEES

ON APPEAL FROM THE 433 RD JUDICIAL DISTRICT COURT , COMAL COUNTY, TEXAS, HON. DIB WALDRIP, PRESIDING

MOTION REQUESTING EXTENSION OF TIME TO FILE APPELLANTS ’ BRIEF

______________________________________________________________
Come Now Appellants Cynthia Walker, Individually and on Behalf of the

Estate of Norman Walker; Stephen Walker; Stephanie Walker Hatton; Jordan

Walker; and Carrie Ann Johnson, and submit this Motion For Extension of Time t o

File Appellants ’ Brief as follows. ACCEPTED 03-15-00271-CV 6480897 THIRD COURT OF APPEALS

AUSTIN, TEXAS 8/13/2015 11:35:28 AM JEFFREY D. KYLE

CLERK1) Appellants’ Brief is due on August 28, 2015

. Appellants are requesting a

sixty day extension of time to file Appellants’ B rief, which would make

Appellants’ Brief due on October 28, 2015

. Appellants have not previously

requested an extension of time to f ile their brief.

2) Undersigned counsel has other commitments that interfere with the ability to

complete the brief any earlier, including :

a. Cause No. D

- 1

- GN

- 14

- 001791; Austin Firefighters Association vs. City of Austin ; In the 261 st Judicial District of Travi s County, Texas.

b. Cause No. 4205; John P. Boerschig v. Rio Grande Electric Coop ; In the 63rd Judicial District Court of Kinney County, Texas.

c. Cause No. D

- 1

- GN

- 12

- 002686; Raintree Construction, Inc. v. Workman Commercial Construction Services et al; Laredo RP, Ltd. v. Davies Group Architects, LLC, William A. Davies, and Workman Commercial Construction Services, Ltd. ; In the 200 th Judicial District Court of Travis County Texas.

d. Cause No. 15

- 0111; Performance Products, Inc. v. James Pearcy ; In the Supreme Court of Texas.

e. Cause No. 13

- 15

- 00304

- CV; Margaret Haule v. channelAustin ; In the Thirteenth Court of Appeals.

f. Cause No. 1:15

- cv

- 00590; Paul G. Sigmon and Beth D. Sigmon vs. Branch Banking & Trust Company; In the United States District Court for the West ern District of Texas, Austin Division.

g. Cause No. 1:13

- CV

- 00830; Billie Mercer, Individually and as Heir to the Estate of Larry Jackson, Jr.; and Larry Mercer, Individually and as Heir to the Estate of Larry Jackson, Jr.; Kirsten Jackson, Intervenor vs. C

harles Kleinert and The City of Austin ; In the United States District Court for the Western District of Texas Austin Division

.h. Cause No. 1:13

- cv

- 00825

- SS; White Lodging Services Corp. and Austin 18 Hotel, LLC vs. City of Austin and Anthony Snipes ; In the U nited States District Court, Western District of Texas, Austin Division

.

i. Cause No. 2013

- 004640

- 1; Stephen L. Kolle, Gayla Janell Morris Goff, Mydra C. Kolle, Michelle Kolle and Allison Kolle ; In the 135 th Judicial District Court of Victoria County, Texas.

j. Cause No. D

- 1

- GN

- 15

- 002652; CCP Holdings (GTI), LLC; Chart Capital Partners II, LP; and Chart Capital Partners II

- A, LP vs. Genesis Today, Inc.; Genesis Pure, Inc.; Robert Lindsey Duncan and Molly Agle Duncan ; In the 126 th Judicial District Court, Travis County, Texas

k. Cause No. 15

- 1014; County of Hays, Texas v. Gary E. Hoover et al. ; In the 22 nd Judicial District Court of Hays County, Texas.

l. TCEQ Docket No. 2014

- 1030

- MLM

- E; In the Matter of an Enforcement Action a gainst Luling O&G and Delton Bishop RN 107228421; Before the Texas Commission on Environmental Quality.

m. Cause No. D

- 1

- GN

- 15

- 003263; Diana D., as next friend of KD, a child et al. v. Chris Traylor, as Executive Commissioner of Texas Health & Human Services Commission et al ; In the 200 th Judicial District Court of Travis County, Texas.

n. Undersigned counsel a lso serves as a panelist in three pending arbitration matters before FINRA.

3) In addition, Appellants’ counsel will be on v acation from August 24, 2015

through August 28, 2015. This vacation has been scheduled for several months

and will result in Appellants’ counsel being out of the state when the brief is due,

which will prevent completion of the Brief by the current deadline.4) Finally

, the clerk’s record comprises 2,361 pages , which is unusually large

for an appeal of a summary judgment ruling. Given the other obligations of

Appellants’ counsel

, and the previously schedule d vacation, Appellants’ counsel is

unable to review a record of this size in time to complete the Brief b y the current

deadline.

5) This motion is not sought for delay but so that justice may be served.

Wherefore, Appellants pray that the Court grant their sixty day extension

request to file their Brief to October 28, 2015 , and for such other relief to which

the y may be entitled.

R espectfully submitted,

_______________________ Clark Richards State Bar No. 90001613 crichards@rrsfirm.com Richards Rodriguez & Skeith, LLP 816 Congress Ave., Suite 1200 Austin, Texas 78701 Fax (512) 476

- 0005 Tel (512) 476

- 1513 ATTORNEY FOR A PPELLANTS CYNTHIA WALKER, Individually and on Behalf of the ESTATE OF NORMAN WALKER; STEPHEN WALKER; STEPHANIE WALKER HATTON; JORDAN WALKER; and CARRIE ANN JOHNSONCERTIFICATE OF CONFERENCE

Pursuant to Tex. App. R. 10.1(a)(5), I hereby certify that I have conferred with counsel for Appellees and Appellees do not oppose this motion.

________________________________ CLARK RICHARDS

CERTIFICATE OF FILING AND SERVICE

I hereby certify that on this 13 th day of August 2015 , a copy of Appellants’ Motion For Extension of Time to File Appellants ’ Brief was served by email on the following counsel:

Karen L. Landinger klandinger@cbylaw.com Andres R. Gonzalez agonzalez@cbylaw.com Cokinos Bosien & Young 10999 West IH

- 10, Suite 800 San Antonio, Texas 78230 Attorneys for Appellee WWGAF, Inc. d/b/a Rockin ‘R’ River Rides Willie Ben Daw, III wbdaw@dawray.com C. Thomas Valentine tvalentine@dawray.com Kyle D. Giacco Kgiacco@dawray.com 5718 Westheimer, Suite 1750 Houston, Texas 77057 Attorneys for UME, Inc. d/b/a Camp Huaco Springs, Williams George Rivers and Richard Duane Rivers

________________________________ CLARK RICHARDS