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No. 05-14-01579-CV

____________________________________________

COURT OF APPEALS

for the

FIFTH DISTRICT OF TEXAS

________________________________________

David Bagwell, Individually and as Trustee of

The David S. Bagwell Trust, et al., 

 Appellants, 

v.

BBVA Compass and Sam Meade,

 Appellees. 

________________________________________

Appeal from the 101st Judicial District Court

of Dallas County, Texas

Honorable Martin Lowy, Presiding Judge

________________________________________

UNOPPOSED MOTION FOR EXTENSION OF 

TIME TO FILE APPELLANTS’ REPLY BRIEF 

_______________________________________

To the Honorable Court:

Pursuant to TEX. R. APP. P. 10.5(b) and 38.6(d), Appellants David Bagwell, 

individually and as Trustee of The David S. Bagwell Trust (“Appellants”), file this 

Unopposed Motion for Extension of Time to File Appellants’ Reply Brief. In 

support of the 30-day extension requested in this motion, Appellants would 

respectfully show the Court the following:

ACCEPTED

05-14-01579-CV

FIFTH COURT OF APPEALS

DALLAS, TEXAS

7/15/2015 1:26:58 PM

LISA MATZ

CLERK

 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 7/15/2015 1:26:58 PM LISA MATZ Clerk
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1. Appellees’ Brief was filed on July 2, 2015, making Appellants’ Reply 

Brief due on July 22, 2015. Appellants request an extension of 30 days to file their 

Reply Brief, making the new date August 21, 2015.

2. The undersigned, Appellants’ lead appellate counsel, has been and 

will be involved in other matters that necessitate an extension, including:

a. preparation for and participation in a jury trial beginning on July 6, 

2015 in Janvey v. Dillon Gage Inc. of Dallas and Dillon Gage Inc., 

No. 3:10-CV-1973-N, pending in the U.S. District Court for the 

Northern District of Texas;

b. preparation of an appellant’s brief due on July 13, 2015 in City of 

McKinney v. El Dorado Land Company, L.P., No. 05-15-00067-CV,

pending in this Court; and

c. preparation of an appellees’ brief due on August 14, 2015 in Lutheran 

Social Services of the South, Inc. v. Winnie Blount, Individually, and 

as Next Friend of P.B., a minor child, and John Blount, Individually 

and as Next Friend of P.B., a minor child, No. 05-15-00380-CV, 

pending in this Court.

3. Because of these and other scheduling conflicts, including a prepaid 

vacation from July 26 - August 3, the undersigned believes that a 30-day extension 

will be necessary in order to prepare an adequate reply brief in this case.

4. Co- Appellants and Appellees do not oppose this request.

WHEREFORE, Appellants David Bagwell, individually and as Trustee of The 

David S. Bagwell Trust, respectfully pray that the Court grant this unopposed 

motion and extend the time to file their Appellants’ Reply Brief to August 21, 

2015.
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Jeffrey T. Hall

State Bar No. 00787622

Jeffrey T. Hall, Esq.

1717 McKinney Avenue, Suite 700

Dallas, Texas 75202

Telephone: 214-593-6446

Facsimile: 855-830-1952

Email: jthallesq@gmail.com

J. Carl Cecere

State Bar No. 24050397

Cecere PC

6035 McCommas Blvd.

Dallas, Texas 75206

Telephone: 469-600-9455

Email: ccecere@cecerepc.com

Respectfully submitted,

/s/ Jeffrey S. Levinger

Jeffrey S. Levinger

State Bar No. 12258300

Levinger PC

1445 Ross Avenue, Suite 2500

Dallas, Texas 75202

Telephone: 214-855-6817

Facsimile: 214-855-6808

Email: jlevinger@levingerpc.com

Attorneys for Appellants

David Bagwell, Individually and as

Trustee of the David S. Bagwell Trust

CERTIFICATE OF CONFERENCE

On July 14, 2015, the undersigned conferred with Jeffrey Seeburger, counsel 

for Appellees, and Payton Healey, counsel for co-Appellants, regarding this 

motion. Both counsel stated that their clients do not oppose the requested 

extension of time to file the Appellants’ Reply Brief.

/s/ Jeffrey S. Levinger

Jeffrey S. Levinger
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CERTIFICATE OF SERVICE

The undersigned certifies that a copy of this Unopposed Motion for 

Extension of Time to File Appellants’ Reply Brief was served on all counsel of 

record via the Court’s electronic filing system on this 15th day of July, 2015.

Patrick W. Powers

Payton J. Healey

Powers Taylor LLP

8150 North Central Expressway

Suite 1575

Dallas, TX 75206

Michael A. Logan

Jeffrey S. Seeburger

Victoria Nsikak

Kane Russell Coleman & Logan PC

1601 Elm Street

3700 Thanksgiving Tower

Dallas, TX 75201

/s/ Jeffrey S. Levinger

Jeffrey S. Levinger