### 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 forAdditional Time to File Appellant's Brief. Since this Honorable Court granted Plaintiff until May 4, 2015to file its Appellate Brief, and as explained in detail within the following paragraphs, newadditional and completely unforeseeablecircumstances have arisen, which make thepresent 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

### extension for the filing of its appellatebrief, which presently has a

deadlineof May 4, 2015 (today). Thisrequest, if granted, would allow Appellant until June 3, 2015 for such filing.

Aswith Appellant's'sprevious request, thepresent extension, which is completely unopposedby counselfor appellee, is simply madenecessary due to unfortunatecircumstances beyond counsel's control. Specifically, counsel's primary legal assistant, Denise Novak, who is instrumental in all activities leading up to thefiling of this anticipated brief, hadpreviously underwent a

surgical procedure in early March, which required her tobe out of the office andin recovery until themiddle of April, 2015. This absence was thebasis for Plaintiff's original request for anextension. However, this situation recently and unexpectedly worsened, and has made thepresent filing necessary. Specifically, on Sunday evening, May 3, 2015, just one day before Appellant'sbrief was due, Ms. Novak informed Appellant'scounsel that she would no longer be working at The Voss Law Firm, P.C. Thisnews came as an unexpectedandunfortunateshock to counsel, who was relying on Ms. Novak to assist in finalizing the filing activities related to Appellant'sfinal product. Her permanent absence now gives rise to additional issues, including the hiring of additional staff, which isnecessitated by her departure. All such exercises, immediately thrust upon counsel, makes compliancewith today's deadlineof filing literallyimpossible.Accordingly, counsel has requested a thirty (30) day extension tofile 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 forthe 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 totherequest orthe length of the extension sought. Accordingly, appellant respectfully requests this Honorable Court grant it's motion for extension of time tofile its brief, andpermit the same to befiled on or before June 3, 2015. Appellant further requests this Honorable Court to grant all other relief as would be appropriate, and as justicewould require under the present circumstances. Respectfully submitted, Is/ Scott G. Hunziker Scott G. Hunziker Texas Bar No. 24032446 The VossLaw Firm, P.C. 26619 Interstate 45 The Woodlands, Texas 77380 Telephone: (713) 861-0015 Facsimile: (713) 861-0021 scott(i4vosslawlinn.com ATTORNEY FOR APPELLANTDATED 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 TheVossLaw Center 26619 Interstate45 TheWoodlands, 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 AppellateProcedure10.1(a)(5), I certify that I have conferred on May 4, 2015 with all other parties - which arelisted below - about the merits of this motion with the following results: MARTIN, DISIERE, JEFFERSON & WISDOM ChristopherMartin Las Cimas IV 900 S. Capital of TX Hwy., Ste. 425 Austin, Texas 78746Kathryn 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. Hunzikerhereby certify that on May 4, 2015, a true and correct copy of the foregoing was served on all counsel of record TexasRules of Civil Procedureasfollows: MARTIN, DISIERE, JEFFERSON & WISDOM ChristopherMartin 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. HUNZIKERSTATE OF TEXAS COUNTY OF WILLIAMSON Before me, the undersigned notary, on this day personally appeared Scott Hunziker, theaffiant, a person whoseidentity is known tome. After I administered an oath toaffiant, 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 Timeto File Appellant's Brief. The facts stated in it are within my personal knowledge and aretrue andcorrect.

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

KAREN SHADBOLT •F-0-?•

• - s Notary Public. State of Texas My

Commission Expires September 30, 2017 VERIFICATION 

# § §



# ))') A \-kr\-- Scott Hunziker



## '7 ,1,4,/ 4a49, NotaryPublic in and for the State of TEXAS My Commission Expires: