No. 01-15-00173-CV 

IN THE COURT OF APPEALS 

FOR THE FIRST DISTRICT OF TEXAS 

HOUSTON, TEXAS 

________________________________________________________ 

JOAN JOHNSON, KALETA JOHNSON, SETH JOHNSON, 

AND WIRT BLAFFER, 

Appellants 

 v. 

MICHAEL PHILLIPS, SPINDLE TOP PUBLISHING, 

AND PHILLIPS AKERS WOMAC, P.C., 

Appellees 

________________________________________________________ 

On Appeal from the 333rd Judicial District Court 

Harris County, Texas 

Trial Court Cause No. 2011-14027 

________________________________________________________ 

UNOPPOSED MOTION TO RESET BRIEFING DEADLINES 

BASED ON COURT’S ORDER OF JUNE 3, 2015 OR, 

ALTERNATIVELY, EXTENSION OF TIME TO FILE 

APPELLANTS’ BRIEF 

________________________________________________________ 

Patrick Zummo 

State Bar No. 22293450 

pzummo@zoomlaw.com 

LAW OFFICES OF 

 PATRICK ZUMMO 

Two Houston Center 

909 Fannin, Suite 3500 

Houston, Texas 77010 

(713) 651-0590 

(713) 651-0597 [facsimile] 

Marc S. Tabolsky 

State Bar No. 24037576 

mtabolsky@yettercoleman.com 

YETTER COLEMAN LLP 

Two Houston Center 

909 Fannin, Suite 3600 

(713) 632-8000 

(713) 632-8002 [facsimile] 

 ATTORNEYS FOR APPELLANTS 

ACCEPTED

01-15-00173-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

7/13/2015 11:10:40 AM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 7/13/2015 11:10:40 AM CHRISTOPHER A. PRINE Clerk
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TO THE HONORABLE FIRST COURT OF APPEALS: 

Appellants Joan Johnson, Kaleta Johnson, Seth Johnson, and Wirt Blaffer, 

file this second motion to reset briefing deadlines requesting that the Court reset 

the briefing deadlines from the date the complete clerk’s record was filed with this 

Court in the above-captioned matter. Tex. R. App. P. 34.5(d). This motion is 

unopposed. 

Appellants previously filed a motion to postpone the briefing deadlines 

because the clerk’s record omitted several key documents that had been timely 

requested to be included in the clerk’s record. On June 3, 2015, this Court ordered 

the district court to prepare and file a supplemental record within 30 days of the 

date of the order to including the previously omitted items and further specified 

that appellants’ briefing deadline would not begin to run until the items requested 

had been filed and included in the clerk’s record. 

On June 17, 2015, the district court submitted one electronic volume of 

supplemental clerk’s record material that included part of what had been requested 

to be included. But this volume did not include all of the requested materials and 

thus the briefing deadline should not have begun. But based on the filing of the 

partial supplemental record, his Court’s docket generated an appellant brief 

deadline of July 17, 2015. 

After the partial supplemental record was filed on June 17, counsel advised 

the clerk’s office that it had still failed to provide a complete clerk’s record. On 

July 1, 2015, the district court a second supplemental clerk’s record that did 

include the remaining materials that were to have been included in the clerk’s 
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record. 

Based on the Court’s prior order, appellants’ request that the Court order that 

the time for appellants’ brief to be filed be calculated from July 1, 2015 when the 

supplemental record was filed, as provided in the Court’s prior order of June 3, 

2015. This will result in appellants’ brief being due on July 31, 2015, which is 30 

days after the supplemental record was complete. issue a briefing deadline based 

on the July 1, 2015 date of the filing of the second supplemental clerk’s record, as 

outlined in its June 4, 2015 order. 

Alternatively to resetting the briefing deadlines, appellants request a 14-day 

extension of time for filing their appellants’ brief. Appellants’ opening brief is 

currently due July 17, 2015. If the requested extension is granted, appellants’ brief 

will be due on July 31, 2015. 

For these reasons, Appellants respectfully request that the Court reset the 

deadline for Appellants opening brief to July 31, 2015, based on the Court’s prior 

June 3 order and the filing of the supplemental record on July 1, 2015. In the 

alternative, Appellants request a 14-day extension of time to file their brief on July 

31, 2015. 

Respectfully submitted: 

YETTER COLEMAN LLP 

Two Houston Center 

909 Fannin, Suite 3600 

(713) 632-8000 

(713) 632-8002 Facsimile 
4 

By /s/ Marc S. Tabolsky 

Marc S. Tabolsky 

State Bar No. 24037576 

mtabolsky@yettercoleman.com 

LAW OFFICES OF PATRICK ZUMMO 

Two Houston Center 

909 Fannin, Suite 3500 

Houston, Texas 77010 

(713) 651-0590 

(713) 651-0597 Facsimile 

Patrick Zummo 

State Bar No. 22293450 

Attorneys for Appellants 

Joan Johnson, Kaleta Johnson, 

Seth Johnson, and Wirt Blaffer 

 
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CERTIFICATE OF CONFERENCE 

As required by Tex. R. App. P. 10.1(a)(5), I certify that on July 13, 2015, I 

conferred with William W. Ogden, counsel for appellees Michael Phillips, Spindle 

Top Publishing, and Phillips Akers Womac, P.C. Counsel advised us that appellees 

do not oppose this motion. 

/s/ Marc S. Tabolsky 

Marc S. Tabolsky 

 
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CERTIFICATE OF SERVICE 

 I certify that the foregoing document was filed electronically with the Clerk 

of the Court using the electronic case filing system of the Court. I also certify that 

a true and correct copy of the foregoing was served on the following counsel of 

record for appellee via e-service on July 13, 2015. 

William W. Ogden 

Ogden, Gibson, Broocks, Longoria & Hall, L.L.P. 

1900 Pennzoil South Tower 

711 Louisiana 

Houston, Texas 77002 

 /s/ Marc S. Tabolsky 

 Marc S. Tabolsky