ACCEPTED 05-15-00187-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 3/30/2015 10:38:53 AM LISA MATZ CLERK NO. 05-15-00187-CV FILED IN IN THE COURT OF APPEALS FOR THE 5th COURT OF APPEALS DALLAS, TEXAS FIFTH DISTRICT OF TEXAS AT EL PASO 3/30/2015 10:38:53 AM LISA MATZ Clerk FIESTA MART, INC., Defendant/Appellant, v. MICHAEL DASVILA, Plaintiff/Appellee.

On Appeal from Dallas County Court at Law No. 1 Trial Court Cause No. CC-13-06510-A Hon. D’Metria Benson, Judge

APPELLEE’S MOTION FOR SIXTY-DAY EXTENSION OF APPELLATE BRIEF DEADLINE

MATTHEW R. SCOTT Texas Bar No. 00794613 [email protected] JOE KENDALL Texas Bar No. 11260700 [email protected] KENDALL LAW GROUP LLP 3232 McKinney Avenue, Suite 700 Dallas, TX 75204 214-744-3000 / 214-744-3015 (Fax) ATTORNEYS FOR PLAINTIFF/APPELLEE I.

BASIS FOR THE MOTION Counsel for Appellee is, contemporaneous with this Motion, requesting leave to withdraw as counsel of record. To ensure that Appellee has adequate time to find new counsel, Appellee requests a sixty day extension of his appellate brief deadline. This extension is not sought for purposes of delay.

II.

CONCLUSION AND PRAYER Appellee respectfully requests that this Court grant his motion for a sixty- day extension of his deadline to file his appellate brief, extend the time by which Appellee must file his appellate brief to June 1, 2015, and requests the Court grant him all legal or equitable relief this Court deems proper.

Motion to Extend Appellate Brief Deadline — Page 1 Respectfully submitted, /s/ Matthew R. Scott MATTHEW R. SCOTT Texas Bar No. 00794613 [email protected] JOE KENDALL Texas Bar No. 11260700 [email protected] KENDALL LAW GROUP LLP 3232 McKinney Avenue, Suite 700 Dallas, TX 75204 214-744-3000 / 214-744-3015 (Facsimile) ATTORNEYS FOR PLAINTIFF/APPELLEE

Motion to Extend Appellate Brief Deadline — Page 2 CERTIFICATE OF CONFERENCE I certify that I conferred with Mike Abcarian, counsel for Defendant/Appellant, regarding the merits of this Motion and Defendant/Appellant does oppose.

/s/ Matthew R. Scott MATTHEW R. SCOTT

Motion to Extend Appellate Brief Deadline — Page 3 CERTIFICATE OF SERVICE I certify that a copy of this document was forwarded to all counsel of record through TexFile as of the date file stamped thereon.

/s/ Matthew R. Scott MATTHEW R. SCOTT

Motion to Extend Appellate Brief Deadline — Page 4