1 NO. 03-14-00714-CV

IN THE COURT OF APPEALS THIRD JUDICIAL DISTRICT OF TEXAS AUSTIN, TEXAS On Appeal from the 98 th Judicial District Court of Travis County Cause Number No. D-1-GN-12-002467
KEVIN TARR Appellant,

v. LANTANA SOUTHWEST HOMEOWNE RS’ ASSOCIATION, INC., Appellee,

AGREED MOTION TO EXTEND TIME
TO THE HONORABLE COURT: Appellee, Lantana Southwest Home owners’ Association (“Lantana”) files this First Unopposed Motion for Exte nsion of Time to File Appellee’s Reply Brief, pursuant to Texas Rules of Appe llate Procedure 38.6 and 10.5(b)(1), and would respectfully show unto the Court the following: 1. The current deadline for filing La ntana’s Reply Brief is April 16,
2015. 2. Lantana seeks a 30-day extension of time to file its Reply Brief, whereby the deadline would be on May 16, 2015. ACCEPTED 03-14-00714-CV 4685527 THIRD COURT OF APPEALS

AUSTIN, TEXAS 3/30/2015 9:30:05 AM JEFFREY D. KYLE

CLERK ACCEPTED 03-14-00714-CV 4715673 THIRD COURT OF APPEALS

AUSTIN, TEXAS 3/31/2015 3:54:16 PM JEFFREY D. KYLE

CLERK2 3. This extension of time is sou ght because the briefing required for the Reply Brief is extensive, and the unde rsigned counsel for Lantana has both depositions and a mediation in two mu ltiple party cases during the time the briefing is required under the current dead line. Because the cases both involve multiple parties and because the dates were agreed upon in advance of Appellant’s Brief, it would be inefficient and imprac tical to attempt to reschedule the prior commitments so that adequate time may be afforded to the briefing. 4. This is the first Motion for Extens ion of Time filed with the court by
Lantana. 5. This motion is agreed/unopposed. 6. This extension of time is not re quested for mere de lay, but to allow counsel adequate time to accurate ly present the issues on appeal. For these reasons, Appellee Lantana re spectfully requests that this Court grant a 30-day extension of time to file its Reply Brief herein, and set the deadline for filing the same to May 16, 2015.3 Respectfully submitted, R OBERTS M ARKEL W EINBERG B UTLER H AILEY PC

____________________ _______________ G REGORY B. G ODKIN Texas State Bar No. 24002146 111 Congress, Suite 1620 Austin, TX 78701 ggodkin@rmwbhlaw.com Telephone: (512) 279-7344 Fax: (713) 840-9404 Attorneys for Lantana Southwest Homeowners’ Association, Inc.

CERTIFICATE OF COMPLIANCE Pursuant to Rule 9.4 i(3) of the Texa s Rules of Appellate Procedure, I certify that the word count in th is Lantana Southwest Homeowners’ Association, Inc.’s First Unopposed Motion for Extension of Time to File its Appellee Brief is 523 words.

_________________________________ G REGORY B. G ODKIN

CERTIFICATE OF CONFERENCE On March 26, 2014, Gre gory B. Godkin, counsel for Appellee, conferred with Matthew Ploeger, counsel for Appellant, regarding the matter at issue in this Motion. Mr. Ploeger is agreed/unopposed to the relief sought in Lantana4 Southwest Homeowners’ Association, Inc.’s First Motion for Extension of Time to File its Reply Brief.

_________________________________ G REGORY B. G ODKIN

CERTIFICATE OF SERVICE I hereby certify that pursuant to Tex. R. Civ. P. 21a, a true and correct copy of the foregoing instrument was served upon the parties lis ted below by fax, delivery service, messenger, mail, and/or through the serving party’s electronic filing service provider, this 30th day of March, 2015. Via Facsimile No. (512) 298-1787 Mr. Matthew Ploeger Law Office of Matthew Ploeger 901 S. Mopac Expressway, Suite 300 Barton Oaks Plaza, Building One Austin, Texas 78746 (512) 298-2088 Phone Attorney for Kevin Tarr

_________________________________ G REGORY B. G ODKIN