NO. 03-14-00460-CV 

IN THE THIRD COURT OF APPEALS 

AUSTIN, TEXAS 

SANDRA FORD AND THE RUBY AND ANNIE SMITH FAMILY 

PARTNERSHIP, 

Appellant 

v. 

WILLIAM RUTH, JUDGMENT CREDITOR 

Appellee 

Appealed from the 424th Judicial District Court San Saba County, Texas 

Cause No. 9145 

APPELLE WILLIAM RUTH, JUDGMENT CREDITOR'S, MOTION TO 

EXTEND TIME TO RESPOND TO APPELLANTS'S JOINT BRIEF 

Frederick F. Hoelke 

Attorney at Law 

State Bar No. 09775600 

26545 IH-10 West 

Boerne Texas 78006 

fredhoelke@aol.com 

(210)-444-0999 Telephone 

(210)-787-3881 Facsimile 

Motion For Extension of Time to Respond to Joint Brief 

ACCEPTED

03-14-00460-CV

4418859

THIRD COURT OF APPEALS

AUSTIN, TEXAS

3/9/2015 12:05:27 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 3/9/2015 12:05:27 PM JEFFREY D. KYLE Clerk
APPELLEE'S MOTION TO EXTEND TIME TO RESPOND 

TO APPELLANTS' JOINT BRIEF 

TO THE HONORABLE JUDGE OF SAID COURT: 

NOW COMES Appellee William Ruth, Judgment Creditor, ( hereinafter 

"Ruth" and files this Appellees' s motion to Extend Time to Respond to 

Appellants' Joint Brief, and in support, would respectfully show: 

Appellants filed their Joint Brief on January 22, 2015 with the clerk of the 

Court, accepting the same on January 23, 2015. 

Robert P. Wilson, Co-Counsel for Appellee, is not a part of the legal 

representation as of February 9, 2015. 

Movant's counsel, a solo practitioner, has taken over the practice of another 

counsel as of the 1st day of February, 2015 and has been working long hours in 

assimilating the practice of this counsel, Mr. Wilson, and in addition movant's 

counsel is mentoring a two-year lawyer. 

Prior to taking over the practice of Mr. Wilson movant was involved in two 

Jury trials one in Bexar County and one in Kendall County coupled with 

participating in 5 depositions and one mediation there was and has not been 

enough time to properly approach the responsive brief. 

2 

Motion For Extension of Time to Respond to Joint Brief 
As a result, Appellee requires at least 30 days from the time of the filing of 

this motion in order to appropriately respond to the joint brief filed by the 

Appellants. 

This motion is not brought for the purpose of delay but only so that justice 

may be done. 

Respectfully Submitted, 

LAW OFFICES OF FREDERICK F. HOELKE 

By: 

Frederick F. Hoe Ike 

SBN: 09775600 

26545 IH-10 West, 

Boerne, Texas 78006 

(210)-444-0999 Telephone 

(210)-787-3881 Facsimile 

fredhoelke@aol.com 

Attorney for Appellant Don C. Reser 

3 

Motion For Exte11sio11 of Time to Respond to Joint Brief 
VERIFICATION 

Before the undersigned authority personally appeared Frederick F. Hoe Ike 

who upon his oath declared: 

"I have read the foregoing and swear the operative facts therein are true." 

Further, affiant sayeth not. 

~~ 

Subscribed and sworn before me this day of March, 2015 ---

r;=~~~~~~~\ 

i'',':.¥!/'f.i~,,,, LINDA J. KILLIAN t ff ~~2.:A.: l Notary Public. State of Texas 1 • 

~..:..~ •. :.,§ My Commission Expires 

-:;,;;;. r,;'1.~$~ December 26, 2016 

'''"'"'' 

CERTIFICATE OF CONFERENCE 

I certify that on March 9, 2015, I contacted the office of Coby D. Smith and 

Burt L. Burnett by phone and have attempted in good faith to reach an agreement 

about the subject matter of this Motion. Appellants oppose this motion. 

4 

Motion For Extellsio11 of Time to Respo11d to Joint Brief 
CERTIFICATE OF SERVICE 

I certify that a copy of the foregoing document, Appellee William Ruth, 

Judgment Creditor's, Motion for Extension of Time to Respond to Joint Brief, was 

served to those listed below on March 9, 2015 as follows: 

Coby D. Smith 

Brackett & Ellis, P.C. 

100 Main Street 

Fort Worth, TX 76102-3090 

Fax: 817-870-2265 

csmith@belaw.com 

Burt L B umett 

Burnett Law Firm P.L.L.C. 

P.O. Box 1521 

Abilene, Texas 79604 

BurtLB umett@yahoo.com 

5 

Motion For Extension of Time to Respond to Joint Brief