M o tion for Extension of Time to File Briefs

– Page 1 No. 03

- 15

- 00 409

- CV

In the Thir d Court of Appeals

Austin , Texas

S USAN E NGLAND

Appellant

v.

J ANICE K OLBE

, AS G UARDIAN OF THE E STATE OF E DNA M OON

Appellee

A PPEAL FROM C AUSE N O

. 12

- 0361

2 07 TH J UDICIAL D ISTRICT C OURT OF H AYS C OUNTY

, T EXAS

H ON

. G ARY S TEEL

, P RESIDING

UNOPPOSED MOTION TO EXTEND TIME FOR FILING

APPELLANT ’ S AND APPELLEE’S BRIEF

TO THE HONORABLE THIR D COURT OF APPEALS:

Susan England (now Susan Lee)

, the Appellant

, mo ve s this court to grant an

extension of time to file Appellant's Brief and Ap pellee’s Brief , and respectfully

seeks such relief based on the following :

1. Appellant ’s brief is current ly due on or about October 16, 2015. This

is a relatively complicated case inv olving multiple records and issues. Appellant ’s ACCEPTED

03-15-00409-CV

7317190

THIRD COURT OF APPEALS

AUSTIN, TEXAS

10/9/2015 3:56:02 PM

JEFFREY D. KYLE

CLERKM o tion for Extension of Time to File Briefs

– Page 2

counsel ’s court schedule in the approximately eighteen (18) business days beginning

September 16 through today has included at least twelve (12) hearing s and a

Temporar y R e straini n g O r der

. Therefore, additional time is needed to adequately

prepare the arguments in this case. Appellant ’ s counsel also has jury trial settings

on October 26, 2015 and November 6, 2015 and the preparation time for those trials

renders a short extension of little help.

2

. Because of these settings and the pending jury trials

, counsel for

Appellant has been

, and will be for the next few weeks, unable to adequately and

appropriately pr epare the brief in this appeal. Therefore, additional time is needed

to adequately prepare the arguments in this case.

3

. Accordingly, Appellant seeks an approximately fo rty

- f ive ( 45 ) day

extension of time to file Appellant's Br ief, which would make Appellant's Brief due

on or before November 30, 2015

. This extension of time is necessary to allow for

appropriate briefing and is not being sought for delay.

4

. This is the first extension of ti me Appellant has sought for the fili ng of

the Appellant's Brief.

5

. Further, Appellee does not object to this motion for extension

.

However, such extension makes Appellee ’ s response due during the Christmas and

New Year ’ s holiday. Accordingly, Appell ee has requested an extension until

January 29, 2016 to file Appellee ’ s Brief . Appe llant has agreed to such extension.M o tion for Extension of Time to File Briefs

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7. The parties have effectively agreed that additional request for

extensions to file briefs will be opposed absent extreme extenuating circumstances.

For these reasons, Susan (England) Lee , Appellant , and Janice Kolbe, as

G u ardian of the Estate of Edna Moon , Appellee, request that this court render an

order extending the time for filing Appellant's Brief to and including November 30,

2015 and for Appellee’s Brief to and including January 2 9 , 201 6 . Appellant and

Appellee also requests any other relief to which they may be entitled.

Respectfully submitted,

Law Office of David Junkin

15401 RR12, Suite 105

P.O. Box 2910

Wimberley, TX 78676

512/847

- 8600

512/84 7

- 8604 (fax)

david@junki nlawoffice.com

______________________________ _________

_ David Junkin

State Bar No. 11058020

Attorney for Appellant

, Susan Lee

CERTIFICATE OF CONFERENCE

This is to certify that I have communicated with counsel for Appellee and s he is

not opposed to this motion as per paragraph 6 above and this also confirms I agree to

the extension of the time for Appellee to f ile her responsive brief.

________________________________

David JunkinM o tion for Extension of Time to File Briefs

– Page 4 CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of this pleading was served on

October 9 , 201 5 , in the manner indicated below and on the following p erson(s):

VIA FACSIMILE AND/ OR ESERVE

Jonathan Hull

c/o Reagan Burris, LLC

401 Main Plaza, Suite 200

New Braunfels, TX 78130

VIA FACSIMILE AND/ OR ESERVE

Stephanie Bascon

297 W. San Antonio Street

New Braunfels, TX 78130

________________________________ David Junkin