WC 1217-1221 Haven Lane, LP v. Mid-Century Insurance Co. and Parke Moyer

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ACCEPTED 07-15-00026-cv SEVENTH COURT OF APPEALS AMARILLO, TEXAS 5/4/2015 3:15:15 PM Vivian Long, Clerk

Case No. 07-15-00026-CV

FILED IN IN THECOURTOFAPPEALSFOR THE 7th COURT OF APPEALS AMARILLO, TEXAS SEVENTHDISTRICTOFTEXAS 5/4/2015 3:15:15 PM VIVIAN LONG CLERK

HAVEN LANE, LP,

Plaintiff/Appellant,

MID-CENTURY INSURANCE CO. AND PARK MOYER,

Defendants/Appellees.

ON APPEAL FROM CAUSE NO. 13-0730-C368 368TH DISTRICT COURT, WILLIAMSON COUNTY, TEXAS

VERIFIED AND UNOPPOSED EMERGENCY MOTI ON FOR A DDI TI ONA L TIME TO FILE APPELLANT'S BRIEF

TO THE HONORABLE COURT OF APPEALS:

Counsel for Appellant, Haven Lane, LP, hereby files the present Verified and Unopposed Emergency Motion for Additional Time to File Appellant's Brief. Since this Honorable Court granted Plaintiff until May 4, 2015 to file its Appellate Brief, and as explained in detail within the following paragraphs, new additional and completely unforeseeable circumstances have arisen, which make the present request necessary. Ultimately, Appellant is seeking an additional thirty (30) day extension for the filing of its appellate brief, which presently has a deadline of

May 4, 2015 (today). This request, if granted, would allow Appellant until June 3, 2015 for such filing.

As with Appellant's's previous request, the present extension, which is completely unopposed by counsel for appellee, is simply made necessary due to unfortunate circumstances beyond counsel's control. Specifically, counsel's primary legal assistant, Denise Novak, who is instrumental in all activities leading up to the filing of this anticipated brief, had previously underwent a surgical procedure in early March, which required her to be out of the office and in recovery until the middle of April, 2015. This absence was the basis for Plaintiff's original request for an extension. However, this situation recently and unexpectedly worsened, and has made the present filing necessary.

Specifically, on Sunday evening, May 3, 2015, just one day before Appellant's brief was due, Ms. Novak informed Appellant's counsel that she would no longer be working at The Voss Law Firm, P.C. This news came as an unexpected and unfortunate shock to counsel, who was relying on Ms. Novak to assist in finalizing the filing activities related to Appellant's final product. Her permanent absence now gives rise to additional issues, including the hiring of additional staff, which is necessitated by her departure. All such exercises,

immediately thrust upon counsel, makes compliance with today's deadline of filing literally impossible.

Accordingly, counsel has requested a thirty (30) day extension to file its brief, so that upon additional assistance being secured, adequate time is given to allow all related activities to take place. As counsel has communicated to the attorneys for the Appellee, no delay is intended from the motion, as it is simply due to unfortunate circumstances beyond counsel's control. Appellant humbly submits that such equates t o good cause for this request under Texas Law. See Curly v. Clayton, 715 S.W. 2nd 77, 79 (Tex. App. --Dallas 1986, no writ).

Once again, appellee's counsel has been informed as of the filing of the unopposed motion for extension, and has no opposition to the request or the length of the extension sought. Accordingly, appellant respectfully requests this Honorable Court grant it's motion for extension of time to file its brief, and permit the same to be filed on or before June 3, 2015. Appellant further requests this Honorable Court to grant all other relief as would be appropriate, and as justice would require under the present circumstances.

Respectfully submitted,

Is/ Scott G. Hunziker

Scott G. Hunziker Texas Bar No. 24032446 The Voss Law Firm, P.C. 26619 Interstate 45 The Woodlands, Texas 77380 Telephone: (713) 861-0015 Facsimile: (713) 861-0021 scott(i4vosslawlinn.com ATTORNEY FOR APPELLANT

DATED this 4th day of May, 2015.

Haven Lane, LP, Appellant

By: Is/ Scott G. Hunziker Bill L. Voss Scott G. Hunziker THE Voss LAW FIRM PC The Voss Law Center 26619 Interstate 45 The Woodlands, Texas 77380 Telephone: (713) 861-0015 Facsimile: (713) 861-0021 scotWvosslawfirm.com

Attorneys for Plaintiff/Appellant

CERTIFICATE OF CONFERENCE

As required by the Texas Rules of Appellate Procedure 10.1(a)(5), I certify that I have conferred on May 4, 2015 with all other parties - which are listed below - about the merits of this motion with the following results:

MARTIN, DISIERE, JEFFERSON & WISDOM Christopher Martin Las Cimas IV 900 S. Capital of TX Hwy., Ste. 425 Austin, Texas 78746

FREEMON & MILLER, P.A. 8381 Gunn Highway Tampa, Florida 33626 (813)926-0777 telephone (813)926-1777 facsimile

SNEED, VINE & PERRY Wayne E. Sanders

Kathryn Gleghom 1104 S. Church Street Georgetown, Texas 78626 Telephone: (512) 930-9775 Facsimile: (512) 819-9707

o opposes motion X does not oppose motion o agrees with motion o would not say whether motion is opposed Is/ Scott G. Hunziker

Scott G. Hunziker 4

CERTIFICATE OF SERVICE

hereby certify that on May 4, 2015, a true and correct copy of the foregoing was served on all counsel of record Texas Rules of Civil Procedure as follows:

MARTIN, DISIERE, JEFFERSON & WISDOM Christopher Martin Las Cimas IV 900 S. Capital of TX Hwy., Ste. 425 Austin, Texas 78746

FREEMON & MILLER, P.A. 8381 Gunn Highway Tampa, Florida 33626 (813)926-0777 telephone (813)926-1777 facsimile

SNEED, VINE & PERRY Wayne E. Sanders Kathryn Gleghorn 1104 S. Church Street Georgetown, Texas 78626 Telephone: (512) 930-9775 Facsimile: (512) 819-9707

/s/ Scott G. Hunziker

SCOTT G. HUNZIKER

By: o personal delivery X mail and email o commercial delivery service o fax Scott G. Hunziker

VERIFICATION

STATE OF TEXAS § COUNTY OF WILLIAMSON § Before me, the undersigned notary, on this day personally appeared Scott Hunziker, the affiant, a person whose identity is known to me. After I administered an oath to affiant, affiant testified:

My name is Scott Hunziker. I am capable of making this verification. I have read Appelant's Verified and Unopposed Emergency Motion for Additional Time t o File Appellant's Brief. T h e facts stated in i t are within my personal knowledge and are true and correct.

))')A\-kr\-- Scott Hunziker

Sworn to and subscribed before me by Scott iiit z ik er on May 4, 2015.

•F-0-?• KARENSHADBOLT '7 ,1,4,/ 4a49, •- s N otar y Public. State of Texas My Commission Expires Notary Public in and for September 30, 2017 the State o f TEXAS

My Commission Expires: