Motion for Extension of Time to File Briefs – Page 1

No. 03-15-00409-CV

In the Third Court of Appeals

Austin, Texas

SUSAN ENGLAND

Appellant

v.

JANICE KOLBE, AS GUARDIAN OF THE ESTATE OF EDNA MOON

Appellee

APPEAL FROM CAUSE NO. 12-0361

207TH JUDICIAL DISTRICT COURT OF HAYS COUNTY, TEXAS

HON. GARY STEEL, PRESIDING

UNOPPOSED MOTION TO EXTEND TIME FOR FILING 

APPELLANT’S AND APPELLEE’S BRIEF

TO THE HONORABLE THIRD COURT OF APPEALS:

Susan England (now Susan Lee), the Appellant, moves this court to grant an 

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

seeks such relief based on the following:

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

is a relatively complicated case involving 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

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 10/9/2015 3:56:02 PM JEFFREY D. KYLE Clerk
Motion 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) hearings and a 

Temporary Restraining Order. 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 prepare the brief in this appeal. Therefore, additional time is needed 

to adequately prepare the arguments in this case.

3. Accordingly, Appellant seeks an approximately forty-five (45) day 

extension of time to file Appellant's Brief, 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 time Appellant has sought for the filing 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, Appellee has requested an extension until 

January 29, 2016 to file Appellee’s Brief. Appellant has agreed to such extension. 
Motion for Extension of Time to File Briefs – Page 3

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 

Guardian 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 29, 2016. 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

512/847-8604 (fax)

david@junkinlawoffice.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 she 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 file her responsive brief.

________________________________

David Junkin
Motion 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, 2015, in the manner indicated below and on the following person(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