Terry Randall v. Herbert J. Walker D/B/A Walker Water Well And Walker Water Well Services, LLC ( 2015 )

ACCEPTED
03-15-00317-CV
7907203
THIRD COURT OF APPEALS
AUSTIN, TEXAS
11/19/2015 1:54:06 PM
JEFFREY D. KYLE
CLERK
NO. 03-15-00317-CV
TERRY RANDALL § IN THE THIRD DISTRICT
Appellant, § FILED IN
3rd COURT OF APPEALS
§ AUSTIN, TEXAS
V. § COURT OF APPEALS
11/19/2015 1:54:06 PM
§ JEFFREY D. KYLE
HERBERT J WALKER dba § Clerk
WALKER WATER WELL; and §
WALKER WATER WELL §
SERVICES, LLC §
Appellee. § AUSTIN, TEXAS
APPELLEE’S MOTION FOR EXTENSION OF TIME
TO FILE BRIEF
Appellee Herbert Walker files this Motion for Extension of Time to File
Brief pursuant to TEX. R. APP. P. 38.6(d) and would respectfully show:
Appellant filed his brief on September 29, 2015, making Appellee’s brief
due on October 29, 2015. However, Appellant mistakenly failed to perfect service
of his brief on Appellee. Appellee first obtained a copy of Appellant’s brief on
November 18, 2015, after receiving a notice from the Clerk that Appellee’s brief
was past due. Appellee is requesting an extension of 50 days of the original
deadline, which would make Appellee’s brief due on December 18, 2015. Such an
extension would allow Appellee 30 days from the date he actually received
Appellant’s brief in which to file, as contemplated by TEX. R. APP. P. 38.6(b). No
previous extension has been granted regarding Appellee’s brief. This extension of
time is not sought for the purposes of delay, but so that justice may be done.
Respectfully submitted,
Alex Metcalf
807 Pecan Street
Bastrop, Texas 78602
Tel: (512) 303-6963
Fax: (512) 303-6766
Email: rule21a@lostpineslawyer.com
By: /s/ Alex Metcalf
Alex Metcalf
State Bar No. 24058000
Attorney for Herbert Walker
Certificate of Conference
As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I
have conferred, or made a reasonable attempt to confer, with all other
parties—which are listed below—about the merits of this motion with the
following results:
Party: Terry Randall
Lead attorney: S. Cory Sells
Result: Agreed to the requested extension.
By: /s/ Alex Metcalf
Alex Metcalf
Attorney for Appellee
Certificate of Service
I certify that a true copy of this Motion to Extend Time was served in
accordance with rule 9.5 of the Texas Rules of Appellate Procedure on each party
or that party's lead counsel as follows:
Party: Terry Randall
Lead attorney: S. Cory Sells
Address: 1111 North Loop West, Suite 702, Houston, Texas 77008
Method of service: by fax
Date of service: November 19, 2015
By: /s/ Alex Metcalf
Alex Metcalf
Attorney for Appellee