Case No. 07-15-00026-CV

IN THE COURT OF APPEALS FOR THE

SEVENTH DISTRICT OF TEXAS

HAVEN LANE, LP,

Plaintiff/Appellant,

V.

MID-CENTURY INSURANCE CO. AND PARK MOYER,

Defendants/Appellees.

ON APPEAL FROM CAUSE NO. 13-0730-C368

368TH DISTRICT COURT, WILLIAMSON COUNTY, TEXAS

VERIFIED AND UNOPPOSED EMERGENCY MOTION

FOR ADDITIONAL TIME TO FILE APPELLANT'S BRIEF

TO THE HONORABLE COURT OF APPEALS:

Counsel for Appellant, Haven Lane, LP, hereby files the present Verified and

Unopposed Emergency Motion for Additional Time to File Appellant's Brief.

Since this Honorable Court granted Plaintiff until May 4, 2015 to file its Appellate

Brief, and as explained in detail within the following paragraphs, new additional

and completely unforeseeable circumstances have arisen, which make the present

request necessary. Ultimately, Appellant is seeking an additional thirty (30) day

ACCEPTED

07-15-00026-cv

SEVENTH COURT OF APPEALS

AMARILLO, TEXAS

5/4/2015 3:15:15 PM

Vivian Long, Clerk

 FILED IN 7th COURT OF APPEALS AMARILLO, TEXAS 5/4/2015 3:15:15 PM VIVIAN LONG CLERK
extension for the filing of its appellate brief, which presently has a deadline of

May 4, 2015 (today). This request, if granted, would allow Appellant until June 3,

2015 for such filing.

As with Appellant's's previous request, the present extension, which is

completely unopposed by counsel for appellee, is simply made necessary due to

unfortunate circumstances beyond counsel's control. Specifically, counsel's

primary legal assistant, Denise Novak, who is instrumental in all activities leading

up to the filing of this anticipated brief, had previously underwent a surgical

procedure in early March, which required her to be out of the office and in

recovery until the middle of April, 2015. This absence was the basis for Plaintiff's

original request for an extension. However, this situation recently and

unexpectedly worsened, and has made the present filing necessary.

Specifically, on Sunday evening, May 3, 2015, just one day before

Appellant's brief was due, Ms. Novak informed Appellant's counsel that she would

no longer be working at The Voss Law Firm, P.C. This news came as an

unexpected and unfortunate shock to counsel, who was relying on Ms. Novak to

assist in finalizing the filing activities related to Appellant's final product. Her

permanent absence now gives rise to additional issues, including the hiring of

additional staff, which is necessitated by her departure. All such exercises,

immediately thrust upon counsel, makes compliance with today's deadline of filing

literally impossible.
Accordingly, counsel has requested a thirty (30) day extension to file its

brief, so that upon additional assistance being secured, adequate time is given to

allow all related activities to take place. As counsel has communicated to the

attorneys for the Appellee, no delay is intended from the motion, as it is simply due

to unfortunate circumstances beyond counsel's control. Appellant humbly submits

that such equates to good cause for this request under Texas Law. See Curly v.

Clayton, 715 S.W. 2nd 77, 79 (Tex. App. --Dallas 1986, no writ).

Once again, appellee's counsel has been informed as of the filing of the

unopposed motion for extension, and has no opposition to the request or the length

of the extension sought. Accordingly, appellant respectfully requests this

Honorable Court grant it's motion for extension of time to file its brief,

and permit the same to be filed on or before June 3, 2015. Appellant further

requests this Honorable Court to grant all other relief as would be appropriate, and

as justice would require under the present circumstances.

Respectfully submitted,

Is/ Scott G. Hunziker

Scott G. Hunziker

Texas Bar No. 24032446

The Voss Law Firm, P.C.

26619 Interstate 45

The Woodlands, Texas 77380

Telephone: (713) 861-0015

Facsimile: (713) 861-0021

scott(i4vosslawlinn.com

ATTORNEY FOR APPELLANT
DATED this 4th day of May, 2015.

FREEMON & MILLER, P.A.

8381 Gunn Highway

Tampa, Florida 33626

(813)926-0777 telephone

(813)926-1777 facsimile

SNEED, VINE & PERRY

Wayne E. Sanders

iv

Haven Lane, LP, Appellant

By: Is/ Scott G. Hunziker

Bill L. Voss

Scott G. Hunziker

THE Voss LAW FIRM PC

The Voss Law Center

26619 Interstate 45

The Woodlands, Texas 77380

Telephone: (713) 861-0015

Facsimile: (713) 861-0021

scotWvosslawfirm.com

Attorneys for Plaintiff/Appellant

CERTIFICATE OF CONFERENCE

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

that I have conferred on May 4, 2015 with all other parties - which are listed

below - about the merits of this motion with the following results:

MARTIN, DISIERE, JEFFERSON & WISDOM

Christopher Martin

Las Cimas IV

900 S. Capital of TX Hwy., Ste. 425

Austin, Texas 78746
Kathryn Gleghom

1104 S. Church Street

Georgetown, Texas 78626

Telephone: (512) 930-9775

Facsimile: (512) 819-9707

o opposes motion

X does not oppose motion

o agrees with motion

o would not say whether motion is opposed

4

Is/ Scott G. Hunziker

Scott G. Hunziker
hereby certify that on May 4, 2015, a true and correct copy of the foregoing

was served on all counsel of record Texas Rules of Civil Procedure as follows:

MARTIN, DISIERE, JEFFERSON & WISDOM

Christopher Martin

Las Cimas IV

900 S. Capital of TX Hwy., Ste. 425

Austin, Texas 78746

FREEMON & MILLER, P.A.

8381 Gunn Highway

Tampa, Florida 33626

(813)926-0777 telephone

(813)926-1777 facsimile

SNEED, VINE & PERRY

Wayne E. Sanders

Kathryn Gleghorn

1104 S. Church Street

Georgetown, Texas 78626

Telephone: (512) 930-9775

Facsimile: (512) 819-9707

By: o personal delivery

X mail and email

o commercial delivery service

o fax

Scott G. Hunziker

CERTIFICATE OF SERVICE

vi

/s/ Scott G. Hunziker

SCOTT G. HUNZIKER
STATE OF TEXAS

COUNTY OF WILLIAMSON

Before me, the undersigned notary, on this day personally appeared Scott

Hunziker, the affiant, a person whose identity is known to me. After I administered

an oath to affiant, affiant testified:

My name is Scott Hunziker. I am capable of making this verification. I

have read Appelant's Verified and Unopposed Emergency Motion for Additional

Time to File Appellant's Brief. The facts stated in it are within my personal

knowledge and are true and correct.

Sworn to and subscribed before me by Scott iiitziker on May 4, 2015.

•F-0-?• KAREN SHADBOLT

• - s Notary Public. State of Texas

My Commission Expires

September 30, 2017

VERIFICATION

§

§

))') A \-kr\--

Scott Hunziker

'7 ,1,4,/ 4a49,

Notary Public in and for

the State of TEXAS

My Commission Expires: