CAUSE NO. 03-15-00317-CV 

IN THE THIRD COURT OF APPEALS 

AUSTIN, TEXAS 

RANDALL WALKER 

Appellant 

VS. 

HERBERT WALKER D/B/A, WALKER WATER WELLS; AND 

WALKER WATER WELL SERVICES, LLC., 

Appellees 

From Cause No. 423-2441 

In the 423rd Judicial District Court 

Bastrop County, Texas 

APPELLANT'S FIRST OPPOSED MOTION TO ENLARGE THE TIME 

FOR FILING THEIR OPENING BRIEF 

Craig Welscher 

State Bar No. 21 167200 

S. Cory Sells 

State Bar No. 24075525 

The Welscher Law Firm, P.C. 

11 11 North Loop West, Suite 702 

Houston, Texas 77008 

(7 13) 862-0800 - Telephone 

(7 13) 862-4003 - Facsimile 

Email: csells~,welscherlaw.com 

Attorneys for Appellant 

ACCEPTED

03-15-00317-CV

6160704

THIRD COURT OF APPEALS

AUSTIN, TEXAS

7/21/2015 3:04:14 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/21/2015 3:04:14 PM JEFFREY D. KYLE Clerk
TO THE HONORABLE JUDGES OF SAID COURT: 

COMES NOW TERRY RANDALL, the Appellant in the above-numbered 

and styled appeal, by and through their counsel of record, S. Cory Sells, and 

respectfully moves for an enlargement of forty-five (45) days for the filing of their 

opening brief, and in support thereof would respectfully show unto the Court the 

following: 

1. Final Judgment in this matter was issued on June 1, 201 5. Appellant's brief 

is currently due on Wednesday, July 22,20 15. 

2. Appellant's counsel, Mr. S. Cory Sells has been in and out of the hospital 

over the last weekend do to a medical issue and is investigating with medical 

professionals if surgery and future medical care is required. Unfortunately, this has 

prevented him from dedicating the time necessary to Appellant's brief. 

Furthermore, Appellant's opening brief will contest a JNOV which contested legal 

and factual sufficiency of every item placed before the jury. Appellant's wishes to 

have adequate time to fully brief all of these issues. 

3. Accordingly, Appellant's counsel respectfully requests that the Court 

enlarge the time for filing Appellant's opening brief by forty-five (45) days, 

through and including September 5,20 15. 

4. Appellant has attempted to contact counsel for Appellees regarding their 

opposition to this request but has yet to hear back from opposing counsel. 
PRAYER 

Wherefore, premises considered, the Appellant, Randall Walker, prays that 

the Court enlarge the deadline for the filing of their opening brief by forty-five (45) 

days, through and including September 5,20 15. 

Respectfully submitted, 

IS/ S. Cory Sells 

Craig Welscher 

State Bar No. 21 167200 

S. Cory Sells 

State Bar No. 24075525 

The Welscher Law Firm, P.C. 

11 11 North Loop West, Suite 702 

Houston, Texas 77008 

(7 13) 862-0800 - Telephone 

(7 13) 862-4003 - Facsimile 

Email: csells~,welscherlaw.com 

Attorneys for Appellant 
CERTIFICATE OF CONFERENCE 

The undersigned sent emails to and left two telephone messages with Mr. 

Alex Metcalf about this Motion on July 20 and 2 1,20 15, and Mr. Alex Metcalf did 

not respond to either message or email. Appellant's counsel is assuming he is 

opposed based upon his non-response. 

IS/ S. Cory Sells 

S. Cory Sells 

CERTIFICATE OF SERVICE 

I hereby certify that a true and correct copy of the above and foregoing 

instrument was forwarded to all known counsel of record in the manner required 

by Texas Rule of Appellate Procedure 9.5, on this the 2 1 st day of July, 20 15. 

Via Electronic Service 

Alex Metcalf 

807 Pecan Street 

Bastrop, Texas 78602 

IS/ S. Cory Sells 

S. Cory Sells 
THE WELSCHER LAW FIRM

A PROFESSIONAL CORPORATION

ATTORNEYS AT LAW

i

 

CRAIG WELSCHER 1111 North Loop West, Suite 702 Tel: (713) 862-0800

 SHAREHOLDER Houston, Texas 77008 Fax: (713) 862-4003

July 21, 2015

Via ProDoc Electronic Filing

Jeffrey D. Kyle, Clerk 

3 Court of Appeals rd

P.O. Box 12547

Austin, Texas 78711-2547

 Re: Court of Appeals Number:03-15-00317-CV

 Trial Court Case Number: 423-2441;Terry Randall v. Herbert J. Walker d/b/a

 Walker Water Well; and Walker Water Well Services, LLC

Honorable Clerk:

 Enclosed please find following:

 Appellant*s First Unopposed Motion to Enlarge the time for Filing their Opening Brief

 Should you have any questions regarding the enclosed, please contact our office. Thank you

for your assistance in this matter.

Very truly yours,

THE WELSCHER LAW FIRM 

 Connie Gilbert /e/

Connie Gilbert,

Paralegal to Craig Welscher

service@welscherlaw.com

CCG//pld

Enclosures: As Stated 

cc:

Via Facsimile: (512) 303-6766 and/or 

Via Electronic Mail: alex@lostpineslawyer.com

Alex Metcalf

Attorney at law

807 Pecan Street

Bastrop, Texas 78602