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NO. 03-16-00131-CV

_______________________________________________

IN THE COURT OF APPEALS 

THIRD JUDICIAL DISTRICT OF TEXAS 

AT AUSTIN 

_______________________________________________

Mary Louise Serafine, 

Appellant 

v.

Alexander Blunt, Ashley Blunt; 

Scott Lockhart, Austin Drainage and Foundation, LLC 

D/B/A Austin Drainage and Landscape Development; 

Viking Fence Company, Ltd.; and Viking GP, LLC, 

Appellees. 

UNOPPOSED SECOND JOINT MOTION FOR EXTENSION 

OF TIME TO FILE APPELLEES’ BRIEFS 

TO THE HONORABLE THIRD COURT OF APPEALS: 

Appellees Alexander and Ashley Blunt, Scott Lockhart and Austin 

Drainage & Foundation, LLC, and Viking Fence Company, Ltd. and Viking 

GP, LLC (“the Appellees”) move pursuant to Rules 10.5(b) and 38.6(d) of 

the Texas Rules of Appellate Procedure, asking that this Court grant a 

37-day extension of time for filing their Appellees’ Brief from December 2, 

2016 until January 9, 2017. Appellant is unopposed to this request. 

ACCEPTED

03-16-00131-CV

13876430

THIRD COURT OF APPEALS

AUSTIN, TEXAS

11/18/2016 1:21:47 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 11/18/2016 1:21:47 PM JEFFREY D. KYLE Clerk
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I. ARGUMENT & AUTHORITIES

1. The Court has the authority under Texas Rule of Appellate 

Procedure 38.6(d) to extend the time to file the Appellees’ Briefs. This 

Motion is filed in accordance with Texas Rule of Appellate Procedure 

10.5(b)(1).

2. No rule provides a deadline to file this Motion to Extend. See

Tex. R. App. P. 38.6(d).

3. Appellees’ Briefs are currently due on December 2, 2016.

4. Appellees need additional time to prepare their Briefs due to the 

pending holidays and other deadlines including:

a. offices will be closed for Thanksgiving on November 

24-25; and counsel for the Viking Appellees will be traveling out of state 

from November 22–26 to visit family during the Thanksgiving holiday. 

b. counsel for the Viking Appellees also needs additional 

time to prepare the Viking Appellees’ brief because counsel has been and 

will be occupied with preparing appellate briefs in Shull v. Westover 

Crossing (SA) HOA, Inc., et al., No. 04-15-00692-CV, pending in the Fourth 

District Court of Appeals at San Antonio, Texas (which brief is due 

December 7, 2016); and Elkay Manufacturing Co. v. Guttenberg 
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Industries, Inc., No. 02-16-00385-CV, pending in the Second Court of 

Appeals at Fort Worth, Texas (which brief is due December 12, 2016). 

c. counsel Amanda Taylor is specially set for trial in Travis 

County District Court on December 19-22, including a series of pretrial 

deadlines in the weeks preceding that setting (Cause No. 

D-1-FM-15-005879); 

d. counsel Amanda Taylor has other Appellees’ Briefs that 

will be due in this Court on January 6 (Cause No. 03-16-00250-CV) and 

January 17, 2017 (Cause No. 03-16-00704-CV), both of which will require 

time to prepare contemporaneous with the brief in this matter;

e. offices will be closed for the winter holidays on December 

23, 26, and January 2, and will include out-of-town travel by counsel 

Amanda Taylor on December 24-29; and

f. as previously discussed, the large number and complexity 

of the issues presented and the voluminous nature of the record designated 

by Appellant require additional time to review and prepare the Appellees’ 

Brief.

5. A standard 30-day extension would fall on January 3, 2017 

because day 30 is Sunday, January 1, 2017 (New Year’s Day) and the next 

Monday, January 2, 2017, is a state and federal observed holiday (for New 
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Year’s Day). Also in light of counsel’s travel schedules and other deadlines, 

it would be very difficult to complete the Briefs by this date. Hence, 

counsel for all Appellees jointly and respectfully request an additional week, 

moving the deadline to Monday, January 9, 2017. 

6. The requested extension of Appellees’ Briefs deadline will not 

prejudice any party. To this end, Appellees do not oppose granting 

Appellant a commensurate 37-day extension of her Reply Brief deadline, 

which incorporates the 30-day extension she previously obtained and adds 

an extra week to equal the extension requested by Appellees.

7. One extension of time has previously been granted to Appellees 

in this appeal. 

8. The $10.00 filing fee has been submitted in connection with this 

Motion.

III. PRAYER

For these reasons, Appellees Alexander and Ashley Blunt, Scott 

Lockhart and Austin Drainage & Foundation, LLC, and Viking Fence 

Company, Ltd. and Viking GP, LLC respectfully pray, without any 

opposition of any party, that this Court grant an extension of time to file 

their Appellees’ Briefs from December 2, 2016 to January 9, 2017, which is 

37 days from the current deadline.
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Respectfully submitted,

MARTENS, TODD, LEONARD, TAYLOR & AHLRICH

By: /s/ Amanda G. Taylor

Amanda Taylor

ataylor@textaxlaw.com

State Bar No. 24045921

301 Congress Ave., Suite 1950

Austin, Texas 78701

Telephone: (512) 542-9898

ATTORNEY FOR APPELLEES ALEXANDER 

AND ASHLEY BLUNT

Joined by,

THOMPSON COE COUSINS & IRONS, LLP

By: /s/ Sara Churchin (with permission)

Wade C. Crosnoe

wcrosnoe@thompsoncoe.com

State Bar. No. 00783903

Sara B. Churchin

schurchin@thompsoncoe.com

State Bar No. 24073913

701 Brazos Street, Suite 1500

Austin, Texas 78701

Telephone: (512) 708-8200

COUNSEL FOR APPELLEES VIKING FENCE 

COMPANY, LTD. AND VIKING GP, LLC
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And by,

LAW OFFICE OF RONALD MAX RAYDON

By: /s/ Ron Raydon (with permission)

Ronald M. Raydon

ron@raydonlaw.com 

State Bar No. 00798456

1718 Fry Road, Suite 450

Houston, Texas 77084

Telephone: (281) 398-6402

COUNSEL FOR APPELLEES SCOTT 

LOCKHART AND AUSTIN DRAINAGE & 

FOUNDATION, LLC

CERTIFICATE OF CONFERENCE

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

that I have conferred, with permission and agreement by counsel for all 

Appellees, with Mary Louise Serafine (pro se counsel for Appellant). All 

Appellees join in this Motion, and Ms. Serafine is unopposed. 

/s/ Amanda G. Taylor

Amanda G. Taylor
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CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing 

Unopposed Second Joint Motion for Extension of Time to File Appellees’ 

Briefs has been electronically filed and served on all counsel below on

November 18, 2016. See Tex. R. App. P. 9.2(c)(1), 9.5(b)(1).

Mary Louise Serafine, Esq.

P.O. Box 4342 

Austin, Texas 78765 

mlserafine@gmail.com

Appellant, Pro Se

Ronald M. Raydon

LAW OFFICE OF RONALD MAX RAYDON

1718 Fry Road, Suite 450

Houston, Texas 77084

ron@raydonlaw.com 

Counsel for Appellees Scott Lockhart and 

Austin Drainage & Foundation, LLC

Sara B. Churchin

Wade C. Crosnoe

THOMPSON COE COUSINS & IRONS, LLP

701 Brazos Street, Suite 1500

Austin, Texas 78701

schurchin@thompsoncoe.com

wcrosnoe@thompsoncoe.com

Counsel for Appellees Viking Fence 

Company, Ltd. and Viking GP, LLC

/s/ Amanda G. Taylor 

Amanda G. Taylor