ACCEPTED 05-18-00160-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 6/5/2018 10:53 AM LISA MATZ CLERK

Case No. 05-18-00160-CV FILED IN IN THE FIFTH COURT OF APPEALS 5th COURT OF APPEALS DALLAS, TEXAS DALLAS, TEXAS 06/05/2018 10:53:51 AM Sky Interests Corp., Appellant, LISA MATZ Clerk v. Elle Moisdon, Appellee.

APPELLANT’S UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF

TO THE HONORABLE COURT OF APPEALS: Appellant Sky Interests Corp. (“Appellant”) files this unopposed first motion for extension of time to file its brief under the authority of Texas Rule of Appellate Procedure 10.5(b)(1) as follows: INTRODUCTION 1. The current deadline for filing Appellant’s brief is June 9, 2018.

2. Appellant seeks a thirty-day extension until July 9, 2018, to file its brief.

3. This is Appellant’s first request for an extension of time and Appellee does not oppose the requested extension.

4. Appellant requires additional time to file its brief because the court reporter’s record was lost in the mail and counsel for Appellant did not receive a copy of the reporter’s record until May 31, 2018. Further, counsel for Appellant has been engaged in other litigation, preparing for trial deadlines which have hampered his ability to prepare this brief before its current deadline, as stated below: ➢ Cause no. 17-0249-C368 styled Berenis de la Garza v. Whataburger APPELLANT’S UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF Page 1 Stores LLC aka Whataburger Restaurants LLC, in the 368th District Court of Williamson County, Texas, set for trial July 9, 2018.

➢ Cause no. 048-292499-17, styled Critical Electric Systems Group, LLC v. System Electric Company, et al., in the 48th District Court of Tarrant County, Texas, set for trial July 9, 2018.

NO OPPOSITION 5. Appellant’s counsel has conferred with Appellee’s counsel, Jason A. Duff, who does not oppose this motion.

PRAYER WHEREFORE, PREMISES CONSIDERED, Appellant Sky Interests Corp. respectfully asks this Court to grant this motion and to extend the date for filing Appellant’s brief for a period of thirty days, to July 9, 2018.

Respectfully submitted, PLUNK SMITH, PLLC /s/ Court D. Smith__________________ Court D. Smith, SBN: 24008049 Molly Ann Lawrence, SBN: 24083365 1701 Legacy Drive, Suite 52000 Frisco, Texas 75034 Telephone: (972) 370-3333 Facsimile: (972) 294-5274 E-mail: [email protected] ATTORNEYS FOR APPELLANT SKY INTERESTS CORP.

APPELLANT’S UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF Page 2 CERTIFICATE OF CONFERENCE I hereby certify that an attempt was made to confer about the sum and substance of Appellant’s motion for extension of time to file brief with counsel for Appellee on June 5, 2018, and the above motion is UNOPPOSED.

/s/ Court D. Smith_________________ Court D. Smith

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing document has been forwarded via electronic filing system on this 5th day of June, 2018 to the following: Jason A. Duff 2615 Lee Street P.O. Box 11 Greenville, Texas 75403 Facsimile: 903-455-1417 Email: [email protected] Attorney for Appellee /s/ Molly Ann Lawrence____________ Molly Ann Lawrence

APPELLANT’S UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF Page 3