                                                                         FILED
                                                                         15-0019
                                                                         2/23/2015 12:49:51 PM
                                                                         tex-4246714
                                                                         SUPREME COURT OF TEXAS
                                                                         BLAKE A. HAWTHORNE, CLERK

                                  NO. 15-0019
                    ______________________________________

                      IN THE SUPREME COURT OF TEXAS
                    ______________________________________

               ALEXANDER R. DAVIS AND REBECCA R. DAVIS,
                                                 Petitioners,
                                  v.

                   TEXAS MUTUAL INSURANCE COMPANY,
                                               Respondent.
                  ________________________________________________

           On Appeal from the Fifth District Court of Appeals, Dallas, Texas
                            Appeal No. 05-12-01715-CV
                Trial Court No. DC-11-06356, Dallas County, Texas
                   ___________________________________

                APPELLANTS’ SECOND UNOPPOSED MOTION
              TO EXTEND TIME TO FILE PETITION FOR REVIEW
                   ___________________________________


TO THE HONORABLE SUPREME COURT OF TEXAS:

      Petitioners, Alexander R. Davis and Rebecca R. Davis, file this Second

Unopposed Motion to Extend Time to File Petition for Review under TEX. R. APP.

P. 10.1, 10.5(b), and 53.7(f). In support of this Motion, Petitioners show the

following:

      1.       The Court of Appeals for the Fifth District in Dallas (“Court of

Appeals”) rendered its opinion and judgment in Alexander R. Davis and Rebecca



______________________________________________________________________________
PETITIONERS’ SECOND UNOPPOSED MOTION TO EXTEND TIME TO FILE PETITION FOR REVIEW-PAGE 1
R. Davis v. Texas Mutual Insurance Company, No. 05-12-01715-CV, on July 28,

2014.

        2.   On August 7, 2014, Petitioners timely filed their Motion for Extension

of Time to File Motion for Rehearing, which was granted on August 8, 2014,

extending the due date for the filing of their Motion for Rehearing to September

11, 2014. Petitioners filed their Motion for Rehearing on September 11, 2014. On

September 29, 2014, the Court of Appeals denied Petitioners’ Motion for

Rehearing.

        3.   On October 7, 2014, the Petitioners timely filed their Motion for

Extension of Time to File Motion for Rehearing En Banc, which was granted on

October 9, 2014, extending the due date for the filing of their Motion for Extension

of Time to File Motion for Rehearing En Banc to November 13, 2014. Petitioners

filed their Motion for Rehearing En Banc on November 13, 2014. On December 8,

2014, the Court of Appeals denied Petitioners’ Motion for Rehearing En Banc.

        4.   The Petition for Review was originally due no later than January 22,

2015.

        5.   On January 12, 2015, Petitioners timely requested an extension of

time to February 23, 2015, which was granted by the Court to extend the deadline

to February 23, 2015.



______________________________________________________________________________
PETITIONERS’ SECOND UNOPPOSED MOTION TO EXTEND TIME TO FILE PETITION FOR REVIEW-PAGE 2
      6.    Petitioners are requesting an additional thirty (30) day extension to

March 25, 2015. This is Petitioners’ second request for an extension of time in this

case before the Supreme Court of Texas.

      7.    Petitioners rely on the following facts as a reasonable explanation for

the requested extension of time:

            a.     Petitioner’s co-counsel, Brad McClellan, is assisting on this

      petition for review. Mr. McClellan is of counsel to a very small law firm has

      had an extremely heavy workload with prior deadlines and hearings

      scheduled along with family and children’s activities. Among other matters,

      Petitioner’s co-counsel filed an appellate brief with the 1st Court of Appeals

      in Case No. 01-14-00508-CV on February 13, 2014. Counsel has a

      response to a petition for review due on March 11, 2015 in Case No. 15-

      0062 before this Court. Counsel also has a brief due on March 16, 2015, in

      the 4th Court of Appeals in Case No. 04-14-00685-CV.

            b.     Further, this case involves a significant workers’ compensation

      matter affecting all business travelers, and it could be impacted by this

      Court’s granting of the petition in Seabright Ins. Co. v. Lopez, 427 SW3d

      442 (Tex. App.--San Antonio Jan. 29, 2014, pet. granted February 20, 2015,

      with oral argument set for March 26, 2015), and more time is sought to also

      carefully address the impact of the Seabright v. Lopez case.

______________________________________________________________________________
PETITIONERS’ SECOND UNOPPOSED MOTION TO EXTEND TIME TO FILE PETITION FOR REVIEW-PAGE 3
            c.     Additionally Petitioners’ counsel Christopher M. Albert and his

      paralegal are iced in today due to bad weather conditions due to an ice storm

      and are filing this request for an extension of time from home.

      7.    The undersigned has conferred with opposing counsel, Matthew B.

Baumgartner, who indicated there was no opposition to this request.

      Therefore, Petitioners pray that this Court grant this Motion to Extend Time.



                                Respectfully Submitted,


                                /s/ Christopher M. Albert
                                Alan L. Busch
                                Texas Bar No. 03491600
                                busch@buschllp.com
                                Christopher M. Albert
                                Texas Bar No. 24008550
                                albert@buschllp.com

                                BUSCH RUOTOLO & SIMPSON, LLP
                                100 Crescent Court, Suite 250
                                Dallas, Texas 75201
                                Phone: 214-855-2880
                                Fax: 214-855-2871

                                      - and -




______________________________________________________________________________
PETITIONERS’ SECOND UNOPPOSED MOTION TO EXTEND TIME TO FILE PETITION FOR REVIEW-PAGE 4
                                /s/ Brad McClellan
                                Bradley Dean McClellan
                                Of Counsel, Law Offices of Richard Pena, P.C.
                                State Bar No. 13395980
                                1701 Directors Blvd., Suite 110
                                Austin, Texas 78744
                                brad.mcclellan@yahoo.com
                                (512) 327-6884 telephone
                                (512) 327-8354 facsimile


                                Attorneys for Alexander R. Davis
                                and Rebecca R. Davis, Petitioners


                       CERTIFICATE OF CONFERENCE

      As required by TEX. R. APP. P. 10.1(a)(5), I certify that I have conferred
with Matthew Baumgartner, counsel for Respondent by e-mails on February 23,
2015, who indicated that he is unopposed to this Motion.


                                      /s/ Christopher M. Albert
                                      Christopher M. Albert


                          CERTIFICATE OF SERVICE

      I certify that a copy of the foregoing Petitioners’ Second Unopposed Motion
to Extend Time to File Petition for Review was served through counsel of record
by the method indicated below on February 23, 2015:

     P.M. Schenkkan                                     (512) 536-9913 – facsimile
     Matthew B. Baumgartner
     GRAVES, DOUGHERTY, HEARON & MOODY, P.C.
     401 Congress Avenue, Suite 2200
     Austin, Texas 78701



______________________________________________________________________________
PETITIONERS’ SECOND UNOPPOSED MOTION TO EXTEND TIME TO FILE PETITION FOR REVIEW-PAGE 5
     Mary Barrow Nichols                                (512) 224-3215 – facsimile
     Shannon Simmons Pounds
     Texas Mutual Insurance Company
     5210 E. Hwy. 290
     Austin, Texas 78723

     David P. Boyce                                     (512) 476 -5382 - facsimile
     WRIGHT & GREENHILL, P.C.
     221 West 6th Street, Suite 1800
     Austin, Texas 78701

     Attorneys for Respondent
     Texas Mutual Insurance Company


                                       /s/ Christopher M. Albert
                                       Christopher M. Albert




______________________________________________________________________________
PETITIONERS’ SECOND UNOPPOSED MOTION TO EXTEND TIME TO FILE PETITION FOR REVIEW-PAGE 6
