### 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

### 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 ofFebruary 9, 2015. 

### Movant's counsel, a solo practitioner, has taken over the practice ofanother 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 ofMr. 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 ofTime to Respond to Joint BriefAs a result, Appellee requires at least 30 days from the time ofthe 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. HoeIke 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. HoeIke 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 ofMarch, 2015

---**r;=~~~~~~~\ i'',':.¥!/'f.i~,,,,**  LINDA J. KILLIAN 

### t ff**~~2.:A.: l**  Notary Public. State of Tex as 1 •**~..:..~**• . :.,§ My Commission Expires**-:;,;;;. r,;'1.~$~**  December 26, 2016 '''"'"'' 

### CERTIFICATE OF CONFERENCE I certify that on March 9, 2015, I contacted the office ofCoby D. Smith and Burt L. Burnett by phone and have attempted in good faith to reach an agreement about the subject matter ofthis 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 ofTime 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 Bumett Burnett Law Firm P.L.L.C
. 

### P
.O
. Box 

### 1521 Abilene, Texas 

### 79604 BurtLBumett@yahoo
.com

5 Motion For Extension ofTime to Respond to Joint Brief