Court of Civil Appeals of Texas, 2018

Mike Green D/B/A Residential Inspections, and Craig Cunningham v. Southern County Mutual Insurance Company

Mike Green D/B/A Residential Inspections, and Craig Cunningham v. Southern County Mutual Insurance Company
Court of Civil Appeals of Texas · Decided June 5, 2018

Mike Green D/B/A Residential Inspections, and Craig Cunningham v. Southern County Mutual Insurance Company

Opinion

ACCEPTED 06-18-00022-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 6/5/2018 10:26 AM DEBBIE AUTREY CLERK No. 06-18-00022-CV IN THE COURT OF APPEALS 6th COURT FILED IN OF APPEALS FOR THE SIXTH DISTRICT OF TEXAS TEXARKANA, TEXAS 6/5/2018 10:26:57 AM AT TEXARKANA DEBBIE AUTREY Clerk Mike Green d/b/a Residential Inspections Appellants, v. Southern County Mutual Insurance Company Appellee.

From the 114th Judicial District Court of Smith County, Texas Trial Court Cause No. 15-2067-B SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS FOR THE SIXTH DISTRICT OF TEXAS: Comes now Appellant Wanda Green and Mike Green d/b/ a Residential Inspections ("Appellant") and files this Unopposed Motion for Extension of Time to file it Appellant's Brief and would respectfully show the Court as follows: Currently, Appellants' Brief is due on June 6, 2018. Counsel for Appellants is seeking a thirty (30) day extension to file its Appellant's Brief, making the new deadline July 6, 2018. Since the last motion for extension SECOND UNOPPOSED MOTION FOR EXTENSION 1 4025225V.1 was filed, the parties engaged in settlement negotiations and reached a settlement. So that the parties have time to execute the settlement and perform its terms, and so that Appellants do not waive their right to file an Appeal in the event that the settlement somehow falls through, Appellants' requests that they be given an extension of their deadline up to and including July 6, 2018.

On June 5, 2018, Dava Greenberg-Spindler, counsel for Appellant, conferred with counsel for Appellee. Counsel for Appellee stated he was unopposed to the relief sought in this motion. Appellant respectfully requests this Court grant a thirty day extension of time to file its brief, moving the deadline from June 6, 2018, to July 6, 2018. This request is sought not solely for delay, but so that justice may be done in the disposition of this appeal. The requested extension is not calculated to prejudice and should not unfairly prejudice the Appellees and should not unduly delay the resolution of this matter.

WHEREFORE, PREMISES CONSIDERED, Appellant respectfully request that this Court grant its motion seeking a thirty day extension and extend the deadline to file its Appellant's Brief from June 6, 2018, to July 6, 2018.

SECOND UNOPPOSED MOTION FOR EXTENSION 2 4025225V.1 Respectfully submitted, WILSON, ELSER, MOSKOWITZ EDELMAN & DICKER LLP By: / s/ Dava Greenberg-Spindler Susan A. Schwartz State Bar No. 00797900 [email protected] Dava Greenberg-Spindler State Bar No. 24097764 [email protected] Main Street, Suite 4800 Dallas, Texas 75202 Telephone: 214/698-8000 Facsimile: 214/698-1101 ATTORNEYS FOR APPELLANT

CERTIFICATE OF SERVICE The undersigned certifies that on the 5th day of June, 2018, the foregoing document was served on the following counsel of record in accordance with the Texas Rules of Appellate Procedure.

Dava Greenberg-Spindler Dava Greenberg-Spindler

SECOND UNOPPOSED MOTION FOR EXTENSION 3 4025225V.1 CERTIFICATE OF CONFERENCE This is to certify that on June 5, 2018, the undersigned conferred with counsel for Appellee regarding the above-referenced motion and was advised the motion is unopposed. Accordingly, the motion being unopposed, it is submitted to the Court for its determination.

Dava Greenberg-Spindler Dava Greenberg-Spindler

SECOND UNOPPOSED MOTION FOR EXTENSION 4 4025225V.1

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