No. 01-15-00173-CV 

IN THE COURT OF APPEALS 

FOR THE FIRST DISTRICT OF TEXAS 

HOUSTON, TEXAS 

________________________________________________________ 

JOAN JOHNSON, KALETA JOHNSON, SETH JOHNSON, 

AND WIRT BLAFFER, 

Appellants 

 v. 

MICHAEL PHILLIPS, SPINDLE TOP PUBLISHING, 

AND PHILLIPS AKERS WOMAC, P.C., 

Appellees 

________________________________________________________ 

On Appeal from the 333rd Judicial District Court 

Harris County, Texas 

Trial Court Cause No. 2011-14027 

________________________________________________________ 

UNOPPOSED SECOND MOTION FOR EXTENSION OF TIME 

TO FILE APPELLANTS’ BRIEF 

________________________________________________________ 

Patrick Zummo 

State Bar No. 22293450 

pzummo@zoomlaw.com 

LAW OFFICES OF 

 PATRICK ZUMMO 

Two Houston Center 

909 Fannin, Suite 3500 

Houston, Texas 77010 

(713) 651-0590 

(713) 651-0597 [facsimile] 

Marc S. Tabolsky 

State Bar No. 24037576 

mtabolsky@yettercoleman.com 

YETTER COLEMAN LLP 

Two Houston Center 

909 Fannin, Suite 3600 

(713) 632-8000 

(713) 632-8002 [facsimile] 

 ATTORNEYS FOR APPELLANTS 

 

ACCEPTED

01-15-00173-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

7/27/2015 10:11:28 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 7/27/2015 10:11:28 PM CHRISTOPHER A. PRINE Clerk
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TO THE HONORABLE FIRST COURT OF APPEALS: 

Appellants Joan Johnson, Kaleta Johnson, Seth Johnson, and Wirt Blaffer, 

respectfully request under Texas Rule of Appellate Procedure 10.5(b) that the 

Court grant a 7-day extension of time to file appellants’ brief in the abovecaptioned matter. 

Appellants’ brief is currently due on July 31, 2015. If the requested 

extension is granted, appellants’ brief will be due on August 7, 2015. Appellees do 

not oppose this request for an extension. 

Appellants have previously requested and received a 14-day extension of 

time to file their brief. 

On May 27, 2015, appellants filed a motion to reset the briefing deadlines 

because the clerk’s record omitted several key documents that had been timely 

requested to be included in the clerk’s record. On June 3, 2015, the Court granted 

the motion, ordered the district clerk to supplement the record within 30 days, and 

ordered that appellant’s brief would be due 30 days from the date the supplemental 

record was filed. 

On July 13, 2015, appellants filed a motion for a 14-day extension of time to 

file their opening brief. The motion was granted. 

Appellants request this extension because their counsel have had unexpected 

medical issues arise in the past two weeks and will also continue to have 

significant time commitments related to numerous other cases that make it 

impracticable to complete the brief in this matter by the current deadline, 

including: 
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 Mr. Zummo has had and continues to have an unexpected medical issue 

that limited his ability to work last week and this week; 

 Mr. Tabolsky has to travel for and attend multiple depositions in Smith v. 

SEECO, Inc., Case No. 4:14-cv-435-BRW, in the United States District 

Court for the Eastern District of Arkansas, Western Division; 

 Mr. Tabolsky has to prepare for a hearing on multiple motions that was 

recently set for July 29, 2015 in Little Rock, Arkansas in Smith v. 

SEECO, Inc., Case No. 4:14-cv-435-BRW, in the United States District 

Court for the Eastern District of Arkansas, Western Division 

 Mr. Tabolsky has had and continues preparation for post-trial motions set 

to be argued on August 4, 2015, in Lufkin Industries, Inc. v. IBM Corp., 

No. CV-02073-13-02, in the 159th District Court, Angelina County, 

Texas; 

 Mr. Tabolsky has preparation for oral argument set for August 31, 2015, 

in MM Steel, L.P. v. Reliance Steel & Aluminum Co., No. 14-20267, in 

the Fifth Circuit Court of Appeals; 

For these reasons, appellants request a 7-day extension of time to file their 

opening brief until August 7, 2015. 

Respectfully submitted: 

YETTER COLEMAN LLP 

Two Houston Center 

909 Fannin, Suite 3600 

(713) 632-8000 

(713) 632-8002 Facsimile 

By /s/ Marc S. Tabolsky 

Marc S. Tabolsky 

State Bar No. 24037576 

mtabolsky@yettercoleman.com 
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LAW OFFICES OF PATRICK ZUMMO 

Two Houston Center 

909 Fannin, Suite 3500 

Houston, Texas 77010 

(713) 651-0590 

(713) 651-0597 Facsimile 

Patrick Zummo 

State Bar No. 22293450 

Attorneys for Appellants 

Joan Johnson, Kaleta Johnson, 

Seth Johnson, and Wirt Blaffer 

 
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CERTIFICATE OF CONFERENCE 

As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that 

on July 27, 2015, I conferred by e-mail with William W. Ogden, counsel for 

appellees Michael Phillips, Spindle Top Publishing, and Phillips Akers Womac, 

P.C. Counsel advised me that appellees do not oppose this motion. 

/s/ Marc S. Tabolsky 

Marc S. Tabolsky 

 
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CERTIFICATE OF SERVICE 

 I certify that the foregoing document was filed electronically with the Clerk 

of the Court using the electronic case filing system of the Court. I also certify that 

a true and correct copy of the foregoing was served on the following counsel of 

record for appellee via e-service on July 27, 2015. 

William W. Ogden 

Ogden, Gibson, Broocks, Longoria & Hall, L.L.P. 

1900 Pennzoil South Tower 

711 Louisiana 

Houston, Texas 77002 

Attorney for Appellees 

 Michael Phillips, Spindle Top 

 Publishing, and Phillips Akers 

 Womac, P.C. 

 /s/ Marc S. Tabolsky 

 Marc S. Tabolsky