### N O



### . 01- 15 -0 0223

- CV

In The



### F **irst Court of Appeals** 

K elly Gavin § Appellant , §

V

. § § Pamela S. Froeschner and § Robert S. Evans § § Appellees. §

First Motion t o Extend Time for Filing o f Appellees’ Opening Brief

**To The Honorable F irst**  **Court of Appeals:**

C ounsel for a ppellee s Pamela S. Froeschner and Robert S. Evans move s for

an order of the Court granting an extension o f 23 days for the filing of appellees’

brief , or until Wednesday, July 15 , 2015

.

1. This is an appeal from a summary judgment . Judgment was entered on

February 5 , 2015 . CR 108

.

2. Appella nt Gavin gave notice of appeal on March 6. CR 109

- 10.

3. Appellant ’ s brief was due on May 14 . A fter an unopposed motion to extend

was filed, the brief was filed on May 21, making appellees ’ brief due on June 22. ACCEPTED 01-15-00223-CV FIRST COURT OF APPEALS

HOUSTON, TEXAS 7/13/2015 10:55:26 PM CHRISTOPHER PRINE

CLERK4

. This is the first request for an ex tension from appellees

.

5

. During the time appellees had to prepare their brief, their counsel was

working to prepare cross

- app ellant s ’ brief and separate appellees ’ brief in Case no.

14

- 15

- 00514

- CV; Kings High Ranch, L.L.C. v. Ultimate Kobe Beef, L.L.C., Allison

Mae Godwin and Bruce R. Hemmingsen

. Additional time was devoted to resolving

that matter and its related matter , Case no. 14

- 14

- 01014

- CV; Bill & Elizabeth Fisher

d/b/a Saranac Oaks Ranch v. Ultimate Kobe Beef, L.L.C., Champion Genetics, Inc.,

Allison Mae Godwin and Bruce R. Hemmingsen and to preparing necessary

documentation to reverse and remand both causes to the trial court for settlement.

Counsel has also been involved in preparing appellant ’ s brief in Case no. 15

- 40606;

Matthew Wiggins v. Janet Northrup, Trustee (in the Fifth Circuit Court of A ppeals ).

6

. The failure to file a brief within the original time provided is not the result of

intentional conduct or deliberate disregard.

7

. Accordingly, c ounsel for a ppellee s Pamela S. Froeschner and Robert S.

Evans request s that the Court grant this motion for extension and permit their

openi ng reply brief to be filed on or before Wednesday, July 15, 2015

. Movant

further request s the Court grant such other relief as would be appropriate.Respectfully submitted,

**Mills Shirley L.L.P.**

By: /s/ George W. Vie III George W. Vie III State Bar No. 20579310 2228 Mechanic Street, Suite 400 Galveston , Texas 77 550 Tel: 713.571.4232 Fax: 713.893.0695 gvie@millsshirley.com

Attorneys for Appellee s

**Certificate of**  **Conference**

As required by Tex. R. App. P. 10.1(a)(5), I certify that I confer red on May
21 , 2015, with the following counsel for appellant about the merits of a seven

- day extension, which was not opposed. Th e additional 16 days sought by this motion for extension was not di s cussed with opposing counsel as shown below :

Maurice Bresenhan, Jr. **Zukowski Bresenhan Sinex & Petry, LLP**  1177 West Loop South , Suite 1100 Houston , Texas 77027

Counsel for Appellant Kelly Gavin

□ opposes motion

□ does not oppose motion

□ agrees with motion

□ would not say whether motion is opposed X was not contacted after hours

/s/ George W. Vie III George W. Vie III**Certificate of**  **Service**

As required by Tex. R. App. P. 6.3 and 9.5(b), (d), (e), I certify that I have served this document on all other parties

– which are listed below

– on Jul y 13 , 2015 , as follows:

Maurice Bresenhan, Jr. **Zukowski Bresenhan Sinex & Petry, LLP**  1177 West Loop South , Suite 1100 Houston , Texas 77027

Counsel for Appellant Kelly Gavin

By: □ personal delivery

□ mail and email

□ commercial delivery service

□ fax X electronic delivery using the efiling system

/s/ George W. Vie III George W. Vie III

4813

- 3609

- 3221, v. 1