APPELLANTS’ UNOPPOSED FIRST MOTION FOR 

EXTENSION OF TIME TO FILE REPLY BRIEF Page 1 

No. 05-14-00891-CV 

IN THE FIFTH COURT OF APPEALS

DALLAS, TEXAS

FIRST BANK & TRUST COMPANY,

THE BANK A/K/A THE BANK OF WEATHERFORD, 

AND DAVID GARVIN, 

Appellants, 

v.

CENTURA LAND CORPORATION F/K/A IORI CENTURA, INC.,

Appellee

Appeal from the 44th District Court Cause DC-12-04743

The Honorable Bonnie Goldstein

APPELLANTS’ UNOPPOSED FIRST MOTION FOR 

EXTENSION OF TIME TO FILE REPLY BRIEF 

Pursuant to TEXAS RULE OF APPELLATE PROCEDURE 10.5(b) and 38.6, 

Appellants First Bank & Trust Company, The Bank a/k/a The Bank of 

Weatherford, and David Garvin (collectively, “Appellants”) file this Unopposed 

First Motion for Extension of Time to File Appellants’ Rely Brief, and 

respectfully requests a 30-day extension as follows:

A. The Present Deadline and Length of Extension Sought (60 days).

Appellants filed their Brief for Appellants on November 20, 2014. Appellee 

sought and obtained three extensions of time (67 days) within which to file its 

ACCEPTED

05-14-00891-CV

FIFTH COURT OF APPEALS

DALLAS, TEXAS

3/24/2015 3:47:52 PM

LISA MATZ

CLERK

 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 3/24/2015 3:47:52 PM LISA MATZ Clerk
APPELLANTS’ UNOPPOSED FIRST MOTION FOR 

EXTENSION OF TIME TO FILE REPLY BRIEF Page 2

Brief for Appellee, and filed its Amended Brief of Appellee on March 9, 2015. 

Thus, Appellants’ Reply Brief is currently due on March 29, 2015. 

Appellants respectfully request a 60-day extension of time in which to file 

Appellants’ Reply Brief. If granted, the requested extension would make 

Appellee’s Reply Brief due on Thursday, May 28, 2015.

B. Number of Previous Extensions Granted.

This is Appellants’ first request for an extension of time within which to file 

its Reply Brief. Appellants’ request is not sought for improper purposes or for 

unjustified delay, but so that justice may be done. 

C. Facts Justifying Requested Extension.

Appellants seek an extension of time within which to file Appellants’ Reply 

Brief because the parties have scheduled a mediation for April 29, 2015—one 

month after the current deadline for Appellants’ Reply Brief. Appellants seek this 

extension of time to conserve the Court’s and the parties’ time and resources 

pending the outcome of mediation.

Appellants also seek the requested extension because Appellants’ counsel, 

who has recently been retained on this case, has certain personal and professional 

conflicts that limit their ability to concisely prepare Appellants’ Reply Brief under 

the current time restraints. 

Paul B. Lackey, Lead Counsel for Appellants, is involved in discovery 
APPELLANTS’ UNOPPOSED FIRST MOTION FOR 

EXTENSION OF TIME TO FILE REPLY BRIEF Page 3

practice and is preparing to take, and preparing his witnesses for, depositions

scheduled for March 31, 2015 and April 7, 2015 in Bank of America, NA. v. Grant 

J. Scott, Trustee of The Get Good Trust, James Dondero, Individually and as 

Trustee of the Canis Major Trust; Cause Number DC-15-02916, in the 298th 

Judicial District Court of Dallas County, Texas.

Deborah Deitsch-Perez, Co-Lead Counsel for Appellants, is currently 

preparing for an international arbitration in Singapore, Lao Holdings N.V. v. The 

Lao People’s Democratic Republic (ICSID Case No. ARB(AF)/12/6) scheduled to 

start April 13, 2015, with travel for preparation starting April 7, 2015.

Finally, because counsel was retained recently on this case, counsel seeks 

additional time after the mediation date to fully analyze the issues on appeal, 

examine the record in the case, and conduct research for and prepare a clear Reply

Brief that assists the Court in its review.

D. The Request for Extension is Unopposed.

Counsel for Appellee is not opposed to Appellants’ request for a 60-day 

extension of time in which to file Appellants’ Reply Brief. 

E. Request For Relief.

For the foregoing reasons, Appellants respectfully request that this Court 

grant a 60-day extension of time for the filing of Appellants’ Reply Brief, 

extending the deadline by which to file Appellants’ Reply Brief to May 28, 2015. 
APPELLANTS’ UNOPPOSED FIRST MOTION FOR 

EXTENSION OF TIME TO FILE REPLY BRIEF Page 4

Appellants also request any additional relief the Court finds just.

Dated: March 24, 2015

Respectfully submitted,

LACKEY HERSHMAN, LLP

By: /s/ Kristen A. Miller Reinsch

Paul B. Lackey

State Bar No. 00791061

pbl@lhlaw.net 

Deborah Deitsch-Perez

State Bar No. 24036072

ddp@lhlaw.net 

Kristen A. Miller Reinsch

State Bar No. 24048660

kam@lhlaw.net 

3102 Oak Lawn Avenue, Suite 777

Dallas, Texas 75219

Telephone: (214) 560-2201

Facsimile: (214) 560-2203

Attorneys For Appellants First Bank And 

Trust Company, The Bank a/k/a The Bank 

Of Weatherford, and David Garvin
APPELLANTS’ UNOPPOSED FIRST MOTION FOR 

EXTENSION OF TIME TO FILE REPLY BRIEF Page 5

On March 23, 2015, I conferred with counsel for Appellee, Jonathan 

Cunningham, about the substance of the foregoing, and counsel for Appellee 

confirmed both verbally and via email that Appellee does not oppose the relief 

sought herein.

CERTIFICATE OF CONFERENCE

/s/ Kristen A. Miller Reinsch

Kristen A. Miller Reinsch

I certify that a true and correct copy of the foregoing document was served 

on March 24, 2015, via electronic filing and service, pursuant to Tex. R. App. P. 

9.5, on the following counsel of record:

CERTIFICATE OF SERVICE

C. Gregory Shamoun

g@snlegal.com

Jonathan Cunningham

jjc@snlegal.com

Shamoun & Norman, LLP

1755 Wittington Place, Suite 200

Dallas, Texas 75234

/s/ Kristen A. Miller Reinsch

Kristen A. Miller Reinsch