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 433RD 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 to 

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

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 8/13/2015 11:35:28 AM JEFFREY D. KYLE Clerk
1) Appellants’ Brief is due on August 28, 2015. Appellants are requesting a 

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

Appellants’ Brief due on October 28, 2015. Appellants have not previously 

requested an extension of time to file 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 261st Judicial District of Travis 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 200th 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 Western 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. Charles 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 

United 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 135th

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 126th Judicial District Court, Travis

County, Texas 

k. Cause No. 15-1014; County of Hays, Texas v. Gary E. Hoover et al.; 

In the 22nd Judicial District Court of Hays County, Texas.

l. TCEQ Docket No. 2014-1030-MLM-E; In the Matter of an 

Enforcement Action against Luling O&G and Delton Bishop 

RN107228421; 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 200th Judicial 

District Court of Travis County, Texas.

n. Undersigned counsel also serves as a panelist in three pending 

arbitration matters before FINRA.

3) In addition, Appellants’ counsel will be on vacation 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 scheduled vacation, Appellants’ counsel is 

unable to review a record of this size in time to complete the Brief by 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 

they may be entitled.

Respectfully 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 APPELLANTS

CYNTHIA WALKER, Individually and 

on Behalf of the ESTATE OF NORMAN 

WALKER; STEPHEN WALKER; 

STEPHANIE WALKER HATTON; 

JORDAN WALKER; and CARRIE ANN 

JOHNSON
CERTIFICATE 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 13th 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