Apex ATX LLC v. Elizabeth Overby

ACCEPTED
15-25-00169-CV
FIFTEENTH COURT OF APPEALS
AUSTIN, TEXAS
12/31/2025 11:53 AM
NO. 15-25-00169-CV CHRISTOPHER A. PRINE
CLERK
FILED IN
IN THE FIFTEENTH COURT OF APPEALS 15th COURT OF APPEALS
AUSTIN, TEXAS AUSTIN, TEXAS
12/31/2025 11:53:46 AM
CHRISTOPHER A. PRINE
Clerk
APEX ATX LLC,
Appellant,

v.

ELIZABETH OVERBY,
Appellee.

ON APPEAL FROM THE 261ST JUDICIAL DISTRICT COURT
OF TRAVIS COUNTY, TEXAS
CAUSE NO. D-1-GN-25-000894
THE HONORABLE JAN SOIFER, PRESIDING

APPELLEE’S UNOPPOSED MOTION FOR EXTENSION
OF TIME TO FILE BRIEF

TO THE HONORABLE COURT OF APPEALS:

Appellee Elizabeth Overby (“Appellee”) files this Unopposed Motion for Extension of

Time and respectfully shows the Court as follows:

I.
MOTION FOR EXTENSION OF TIME

This case is on appeal from the 261st Judicial District Court in Travis County, Texas.

Appellee’s Brief is currently due on January 6, 2026.

The Court has authority to grant an extension of time. TEX. R. APP. P. 10.5(b).

Appellee seeks an extension of time of thirty days to file her Brief, so that the new

deadline to file Appellee’s Brief would be February 5, 2026.

Page 1
Appellee’s counsel requests an extension of time based on current caseload obligations

and respectfully seeks additional time to sufficiently respond to and fully brief the issues

presented to the Court.

No previous extension of time to file Appellee’s Brief has been requested or granted.

This extension is not opposed by Appellant.

II.
CONCLUSION AND PRAYER

For the reasons discussed above, Appellee Elizabeth Overby respectfully requests that the

Court grant her Motion for Extension of Time and grant an additional thirty days in which to file

her Brief, until February 5, 2026.

Respectfully submitted,

SAVRICK, SCHUMANN, JOHNSON & MCGARR
KAMINSKI & SHIRLEY, L.L.P.

By:
David A. Buono II
State Bar No. 24001806
Jessica Marcoux Hall
State Bar No. 24046348
The Overlook at Gaines Ranch
4330 Gaines Ranch Loop, Suite 150
Austin, Texas 78735
Phone: (512) 347-1604
Fax: (512) 347-1676
david@ssjmlaw.com
jessica@ssjmlaw.com

ATTORNEYS FOR APPELLEE

Page 2
CERTIFICATE OF CONFERENCE

In compliance with TEX. R. APP. P. 10.1(a)(5), I certify that on December 31, 2025, my
office conferred with Mr. Terrazas, Ms. Foster and Ms. de la Garza (counsel for Appellant), and
Ms. Foster responded that she does not oppose this motion.

Jessica Marcoux Hall

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing has been served electronically upon
all counsel of record on this the 31st day of December, 2025:

Kevin J. Terrazas kterrazas@terrazaspllc.com
Jennifer A. Foster jfoster@terrazaspllc.com
Laura de la Garza ldelagarza@terrazaspllc.com
TERRAZAS PLLC
1001 S. Capital of Texas Hwy.
Bldg. L, Suite 250
Austin, Texas 78746

ATTORNEYS FOR APPELLANT

Jessica Marcoux Hall

Page 3
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.

Envelope ID: 109571311
Filing Code Description: Motion
Filing Description: Appellee's Unopposed Motion for Extension of Time to
File Brief
Status as of 12/31/2025 1:13 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Jessica Hall 24046348 jessica@ssjmlaw.com 12/31/2025 11:53:46 AM SENT

Kevin Terrazas kterrazas@terrazaspllc.com 12/31/2025 11:53:46 AM SENT

Jennifer Foster jfoster@terrazaspllc.com 12/31/2025 11:53:46 AM SENT

David Buono david@ssjmlaw.com 12/31/2025 11:53:46 AM SENT

Henning Schmidt HSchmidt@stradlinglaw.com 12/31/2025 11:53:46 AM SENT

Deidra Clark deidra@ssjmlaw.com 12/31/2025 11:53:46 AM SENT

Laura de la Garza ldelagarza@terrazaspllc.com 12/31/2025 11:53:46 AM SENT