Case Information
*0 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 4/1/2015 1:49:15 PM LISA MATZ Clerk *1 ACCEPTED 05-14-01095-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 4/1/2015 1:49:15 PM LISA MATZ CLERK NO. 05-14-01095-CV IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS AERO COUNTRY EAST ASSOCIATION, INC.
AND HEAVY VENTURES, LLC APPELLANTS
V.
AERO COUNTRY PROPERTY OWNERS’ ASSOCIATION, INC. APPELLEE
On Appeal from the 429 th Judicial District Court, Collin County, Texas Unopposed Motion for Extension of Time to File Brief of Appelee
[filed by Appellee Aero Country Property Owners’ Association, Inc.]
Appellee Aero Country Property Owners’ Association, Inc. (hereinafter
“Appellee”) respectfully moves this honorable Court to extend the time in which it
may file its Brief of Appellee, stating as follows: The Clerk’s Record was filed on November 12, 2014. The
Supplemental Clerk’s Record was filed December 16, 2014. The Reporter’s
Record was filed January 9, 2015.
2. The Brief of Appellants was originally due on February 8, 2014. The
Brief of Appellants was filed (pursuant to an extension granted to Appellants by
this Court) on March 6, 2015.
3. The Brief of Appellee is currently due on Monday, April 6, 2015.
4. Appellee requests that the deadline to file its Brief of Appellee be
extended for 30 days to an including Wednesday, May 6, 2015.
5. No extension of time for Appellee’s Brief has been previously sought
or granted.
6. The undersigned counsel for Appellee has, since the filing of the Brief
of Appellants in this case, been engaged in another significant matter pending in
the federal appellate court which has competed for counsel’s time and attention
with the Brief of Appellee in this case. Other similar matters may arise during and
shortly after the proposed extension period. These matters include the preparation
of a Brief of Appellants (filed 3/19/15) in Innova Hospital San Antonio, L.P. et al
v. Health Care Service Corp, et al , No 14-11300 (United States Court of Appeals
for the 5 th Circuit). In addition to the foregoing work commitment, the undersigned
counsel has family responsibilities surrounding the intervening Easter holiday that
are competing for the undersigned counsel’s time and attention.
8. The undersigned counsel for Appellee contacted W. Todd Albin,
counsel for Appellants, regarding this extension request. Mr. Albin informed the
undersigned that he does not opposed the relief requested herein.
9. It is not possible for Appellee’s counsel to properly and thoroughly
prepare her brief under the present briefing schedule. The extension in this motion is not solely for the purposes of delay,
but only so that justice may be done.
WHEREFORE, PREMISES CONSIDERED , Aero Country Property
Owners’ Association respectfully prays that the time in which its Brief of
Appellees may be filed be extended 30 days, to an including Wednesday, May 6,
2015, and for such other and further relief to which it may be entitled at law or in
equity.
Respectfully submitted, s/ Christine D. Roseveare P. MICHAEL JUNG State Bar No. 11054600 CHRISTINE D. ROSEVEARE State Bar No. 24008808 Strasburger & Price, LLP 901 Main Street, Suite 4400 Dallas, Texas 75202 (214) 651-4300 (214) 651-4330 FAX michael.jung@strasburger.com christy.roseveare@strasburger.com ATTORNEYS FOR APPELLANT *5 CERTIFICATE OF SERVICE I hereby certify that this Brief of Appellee has been served on all parties to
this action by electronic service on: W. Todd Albin and T. Chase Garrett,
Attorneys for Appellants; David W. Shields, Attorney for Appellee; and Barry G.
Flynn, Attorney for Appellee; all on this 1 st day of April, 2015.
s/ Christine D. Roseveare CHRISTINE D. ROSEVEARE