1 03-14-00515-CV

IN THE COURT OF APPEALS FOR THE THIRD DISTRICT OF TEXAS AT AUSTIN

Salvatore Magaraci and Estate Protection Planning Corporation APPELLANTS

v.

EDUARDO S. ESPINOSA, IN HIS CAPACITY AS RECEIVER OF RETIREMENT VALUE, LLC APPELLEE

Appeal from 419th Judicial District Court of Travis County, Texas (Hon. Gisela D. Triana, Presiding)

APPELLEE’S MOTION TO EXTEND TIME TO FILE BRIEF

John W. Thomas State Bar No. 19856425 George, Brothers , Kincaid & Horton , L.L.P 114 W Seventh, Suite 1100 Austin, TX 78701-3015 Telephone: (512) 495-1400 Facsimile: (512) 499-0094 jthomas@gbkh.com

ATTORNEYS FOR APPELLEE EDUARDO S. ESPINOSA, IN HIS CAPACITY AS RECEIVER OF RETIREMENT VALUE, LLC ACCEPTED 03-14-00515-CV 4841196 THIRD COURT OF APPEALS

AUSTIN, TEXAS 4/10/2015 11:20:16 AM JEFFREY D. KYLE

CLERK2 COMES NOW, A ppellee, Eduardo S. Espinosa, in his Capacity as Receiver of

Retirement Val ue, LLC, and request the Court to e xtend the time to file Appellee’s Brief.

Time to File Brief in accordance with Tex. R. App. P. 10.5(b) and Tex. R. App. P.

38.6(d).

A. Introducti on

1. Appellant filed its brief on March 27 , 201 5

.

2. Appellee ’ s brief is due on April 2 9 , 201 5

.

3. Texas Rule of Appellate Procedure Rule 38.6(b) states that the appellee's

brief must be filed within 30 days after the date the appellant's brief was filed. Appellee

now asks the Court to grant its motion to extend time for thirty days to file appellee’s

brief.

B. Arguments & Authorities

4. The Court may extend the time for filing a brief under Texas Rule of

Appellate Procedure 38.6( d ).

5. Appellee seeks an exten sion in this case because Appellee is still seeking

correction and supplementation of the Clerk’s Record. In addition to the size and issues

associated with the Clerk’s Record

, attorney’s for Appellee have other deadli nes

associated with other cases.

6. Coun sel for Appellant does not oppose this motion and has agreed to the

extension sought.

7. There have not been any previous extensions granted regarding the filing of

Appellee’s brief.3 C. Prayer

8. For these reasons, A ppellee Eduardo S. Espinosa, in his Capacity as

Receiver of Retirement Val ue, LLC asks the Court to grant an extension of time to file

the appellee’s brief until May 2 9 , 201 5.

Respectfully submitted,

/s/ John W. Thomas John W. Thomas State Bar No. 19856425 George & Brothers, L.L.P 114 W Seventh, Suite 1100 Austin, TX 78701

- 3015 Telephone: (512) 495

- 1400 Facsimile: (512) 499

- 0094 jthomas@gbkh.com

ATTORNEYS FOR APPELLEE EDUARDO S. ESPINOSA, IN HIS CAPACITY AS RECEIVER OF RETIREMENT VALUE, LLC

CERTIFICATE OF CONFERENCE

The undersigned has confer red with counsel for Appellant about the merits of the motion and counsel for Appellant has agreed to the extension of time to file Appellee’s Brief.4 CERTIFICATE OF SERVICE

A copy of the foregoing pleading was served upon the following listed coun sel in the manner listed below, and by the Court’s electronic service on t his 10t h day of April

, 201 5 . S ubject to further notice, the electronic transmission will be reported as complete
upon electronic receipt by the court

.
Timothy A. Hootman 2402 Pease St. Houston, TX 77003 (713) 247

- 9548 (713) 583

- 9523 fax thootman@yahoo.com

/s/ John W. Thomas John W

. Thomas