CASE NO. 07-15-00361-CV

IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO

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Howard Construction Company, Inc. v. Texas Association of Women’s Clubs

***************************************************** APPELLANT’S SECOND MOTION FOR EXTENSION OF TIME

TO FILE APPELLANT’S BRIEF

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TO THE HONORABLE JUSTICES OF SAID COURT OF APPEALS: NOW COME S, Howard Construction Company, Inc., Appellant in the above styled and numbered cause, and moves this Court to grant an extension of time to file Appellant's Brief, pursuant to Rule 38.6 of the Texas Rules of Appellate Procedure, and for good cause show the following:
I. This case is appeal from the 413th District Court, Johnson County, Texas.
II. The case below was styled Howard Construction Company, Inc. v. Texas Association of Women’s Clubs ; and numbered C201500322
. III. The Clerk’s record was fled on September 21, 2015. There is no Reporter’s Record as this appeal concerns the granting of a Motion for Summary Judgment. Appellant’s Brief was due to be filed on October 21, 2015. By letter dated October 29, 2015, the Court Page 1 of 4 ACCEPTED 07-15-00361-CV SEVENTH COURT OF APPEALS

AMARILLO, TEXAS 11/24/2015 4:08:19 PM Vivian Long, Clerkextended, on its own motion, the deadline for Appellant to file its

brief until November 9, 2015. S ubsequently, Appellant filed a Motion for Extension of Time t o File Appellant’s Brief and the
Court g r a n ted Appellant until November 30, 2 015, to file its Appellant’s Brief.
IV. Appellant r equests an extension of time of eighteen (18) days from the extended due date, until and i ncluding December 18, 2015,
to f ile i ts brief, or until such date as the Court deems appropriate.
V. Appellant r elies on the following facts a s g ood cause for the requested extension: 1. Counsel for Appellant filed his Motion for Substitution of C ounsel o n October 5, 2015, and t he Motion was not granted until October 23, 2015, two (2) days after Appellant’s Brief was due to be filed; 2. Counsel i s a solo p ractitioner with onl y a part-time paralegal. Since the date the Clerk’s Record was filed, counsel has had n u merous hearings, documents to prepare, conferences with

c l ients and prospective clients, and telephone c alls that h a v e prevented him from being able to fully research and prepare the Appellant’s Brief. During the requested extension period, counsel; has multiple scheduled h earings and depositions, and a bench trial; 3. Counsel had significant out-of-work commitments a s he is

an Assistant Coach for Johnson County Sport’s A ssociation’s V arsity

Page 2 of 46-Man football team, which d uties took significant time of c ounsel

in the evenings and weekends. Counsel’s football coaching duties continued through November 20, 2015; and 4. During the requested extension time is the Thanksgiving holiday, November 26 and 27, 2015.
VI. Appellant has made a previous request for an extension of time in which to file their Appellant’s Brief, which was granted. The requested extension will not unduly d elay this cause. This case is
not set yet for admission. The extension is not sought for the purpose of delay, but so that justice may be done. WHEREFORE, PREMISES CONSIDERED , Appellant, Howard C onstruction Company, Inc., prays t hat this Court g rant this Motion To Extend Time to File A ppellant's Brief, extending the of time for Appellant
to file its Appellant's Brief by e ighteen (18) d ays, until and including December 18, 2015, or u ntil such date as the Court deems appropriate, and for such other and further relief as t he Court may deem appropriate.

Page 3 of 4RESPECTFULLY SUBMITTED, DAVIS LAW, P.C. 190 North Ridgeway Drive Suite 102 Cleburne, Texas 76033 817/556-3456 FAX # 817/423-7348
/s/ Jeffrey S. Davis JEFFREY S. DAVIS Texas Bar No. 00787334 jsd@davislawyerpc.com
ATTORNEYS FOR APPELLANT , Howard Construction Company, Inc.

CERTIFICATE OF CONFERENCE This is to confirm that the undersigned counsel, on November 24, 2015, counsel for Appellant conferred with Daniel R. Aguilar, counsel for Appellee regarding the requested e xtension, who stated that he was not opposed to the requested extension.

/s/ Jeffrey S
. D a v i s JEFFREY S. DAVIS

C ERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the above and forego i n g d o cument was f orwarded to all c ounsel of record electronically through the electronic filing manager, on the 24th day of November, 2015, p ursuant t o the Texas Rules of Appellate Procedure and the Texas Rules of Civil Procedure.

/ s / J effrey S. Davis JEFFREY S. DAVIS Page 4 of 4