Case Information
*0 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 12/3/2015 11:05:54 AM PAM ESTES Clerk *1 ACCEPTED 12-15-00236-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 12/3/2015 11:05:54 AM Pam Estes CLERK No. 12-15-00236-CV __________________________________________________________________
IN THE COURT OF APPEALS FOR THE TWELFTH DISTRICT OF TEXAS TYLER, TEXAS __________________________________________________________________
DOWTECH SPECIALTY CONTRACTORS, INC., Appellants V.
CITY OF NACOGDOCHES AND AEROMIX SYSTEMS INC. Appellees __________________________________________________________________
Appeal from Cause No. C1228865 In the 145th District Court of Nacogdoches County, Texas __________________________________________________________________
UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF __________________________________________________________________
EXPEDITED RULING REQUESTED
TO THE HONORABLE COURT OF APPEALS:
Appellant, Dowtech Specialty Contractors, Inc. requests that
this Court grant Appellant an extension of time to file its opening
brief and would shows as follows:
Appellee is the City of Nacogdoches. Appellee is unopposed to
this motion.
The current deadline to file Appellant’s Brief is December 10 th ,
2015. This motion is filed on December 3, 2015 and is therefore
timely. The following are independent grounds on which to grant the
extension.
OPPORTUNITY TO SETTLE CASE
In November 2015, Appellee’s counsel contacted the
undersigned and informed him that Rob Atherton, who has been the
City Attorney for Nacogdoches for over 30 years, will be retiring at the
beginning of the new year. Appellee’s counsel requested that
Appellant make a reasonable settlement offer to resolve this matter,
indicating that the best time to settle the case would be before Mr.
Atherton retires. He indicated that Mr. Atherton is a very experienced
city attorney and is already familiar with this case. Both parties
agreed that upon his retirement it will more difficult to resolve the
case. This is because the new city attorney will have to become
familiar with the parties and the file, and will likely be preoccupied
with the process of assuming the new position.
Thus, it would be an effective use of judicial resources to
attempt to settle this case between now and the end of the year. It
would be a waste of resources if Appellant was required to draft its
opening brief, only to have settled the case shortly thereafter.
Appellees is already familiar with the grounds for the appeal, as this
is an appeal of a summary judgment. If this extension is granted,
Appellant will make a good faith attempt to settle this matter prior to
the end of the year.
SCHEDULING CONFLICTS
The undersigned is counsel in Joe and Brenda Moore v. Oak
Creek Homes, LP and 21st Mortgage Corporation ; in the 259th
Judicial District Court, Jones County, Texas (Cause No. 022737). In
that case, the undersigned is faced with an unexpected hearing in
Anson, TX on December 8, 2015.
The case is hotly contested and was set for trial on December
15, 2015. Although the parties agreed to continue the trial setting,
in November the opposition filed an unexpected mandamus action
and a motion to stay the proceeding. They also filed a motion to
enforce an arbitration agreement. The two trial court matters have
been set for hearing on December 8, 2015.
Because it is necessary for the undersigned to spend a
significant amount of time to respond and prepare, the December 8,
setting renders the undersigned unable to adequately prepare and
complete Appellant’s brief in this case by December 10.
Due to the need for certainty, Appellant hereby requests that
this Court rule and notify the parties prior to the close of business
on December 4, 2015.
WHEREFORE, APPELLANT PRAYS that this Court grant
Appellant an extension to file its brief to and including the 10 th day
of January, 2016.
Respectfully submitted, ATTORNEY FOR APPELLANT *5 CERTIFICATE OF CONFERENCE I certify that I have conferred with Tom Berlanger (by and
through his legal assistant) and have been informed that he is
UNOPPOSED to Appellant’s Motion for Extension of Time to File
Brief.
ATTORNEY FOR APPELLANT *6 CERTIFICATE OF SERVICE I certify that on December 3, 2015, I served a copy of
UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF
on the parties listed below by electronic service and that the
electronic transmission was reported as complete. My e-mail address
is norvell2007@gmail.com.
ATTORNEY FOR APPELLANT Tom Belanger
TX Bar No. 02060400
ADAMS, BELANGER, & LoSTRACCO, P.C.
305 E. Main St. Nacogdoches, TX 75961
936-564-4315 telephone
936-560 – 0280 facsimile