Case Information
*0 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 09/30/2015 12:52:27 PM KEITH E. HOTTLE Clerk *1 ACCEPTED 04-15-00405-cv FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 9/30/2015 12:52:27 PM KEITH HOTTLE CLERK NO. 04-15-00405-CV In the Court of Appeals for the
Fourth District San Antonio, Texas D AVID G ILLESPIE , Appellant V
A.L. H ERNDEN , Appellee On Appeal from the 408th Judicial District Court of Bexar County, Texas
(Cause No. 2013-CI-10278, Hon. Cathleen M. Stryker, Presiding) APPELLEE’S MOTION FOR EXTENSION OF TIME TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
1. Appellant, David Gillespie, herewith files his response to this Court’s
Order of September 15, 2015.
2. Appellant filed its Notice of Appeal on July 3, 2015, two days after
its due date of July 1, 2015. The Clerk’s record was filed on September 9, 2015.
3. Appellant advises the Court that due to a calendar error caused by the
preparation of a response to Motion for Summary Judgment in the case styled
Civil Action No. 5:14-CV-00733; John Gonzales vs. Robles and Sons, Inc.,
Robles Service Group, LLC, Vaughn Construction Company, Sunbelt Rentals
Industrial Services, LLC and JLG Industries, Inc.; In the United States District
Court Western District of Texas San Antonio Division, the hearing on Motion for
Rulings in the case styled Cause No. 2012-CI-09903; John Joseph Carreon and
John A. Polito vs. Greater San Antonio Transportation Company d/b/a Yellow
Cab. in preparation for trial on July 6, 2015, and the final preparation of the
documents in the case styled Cause No. 5:14-CV-00149; Candelario V. Gonzalez,
et al. v. Cooper Tire and Rubber Company, et al, the Notice of Appeal was not
filed timely. Undersigned counsel because of his schedule, inadvertently failed to
file the Notice but upon discovery immediately did so.
4. Appellee respectfully requests accept the Notice of Appeal that was
filed within the 15 day grace period as timely and for general relief.
5. Appellee files this Motion for Extension of Time to File Appellant’s
Brief Notice of Appeal pursuant to Texas Rules of Appellate Procedure 26.3,
10.5(b)(1)(C), 38.6(d), and the Local Rules of Fourth Court of Appeals.
WHEREFORE, Appellant, by and through its undersigned Counsel,
requests the Court consider this motion and extend the time for filing its
Appellant’s Notice of Appeal until July 3, 2015
Respectfully submitted, GENE TOSCANO, INC. 846 Culebra Road, Suite 104 San Antonio, Texas 78201-6244 *3 Telephone: (210) 732-6091 Facsimile: (210) 735-4167 BY: /s/ Andrew E. Toscano ANDREW E. TOSCANO Attorney at Law State Bar No. 00786832 COUNSEL FOR APPELLANT CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the above and foregoing has
this day been served on the counsel below, in the means and by the manner
indicated hereinafter:
Mr. Richard A. Sparr, Jr.
1313 N. E. Loop 410, Suite 100
San Antonio, Texas, 78209
SENT BY FACSIMILE TRANSMISSION
TO: (210) 828-5444
Mr. Frederick R. Zlotucha
222 Main Plaza East
San Antonio, Texas 78205
SENT BY FACSIMILE TRANSMISSION
TO: (210) 227-8316
FOURTH COURT OF APPEALS
Cardena-Reeves Justice Center
300 Dolorosa Ste. 3200
San Antonio, Texas 78205
210-355-2762- fax
Signed on September 30, 2015.
/s/ Andrew E. Toscano Andrew E. Toscano Counsel for Appellee