Case Information
*0 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 03/20/2015 4:14:00 PM KEITH E. HOTTLE Clerk *1 ACCEPTED 04-14-00205-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 3/20/2015 4:14:00 PM KEITH HOTTLE CLERK NO. 04-14-00205-CV
IN TT{E FOURTH COURT APPEALS SAN ANTONIO, TEXAS FOUNTAINS INTERNATIONAL GROUP, INC. Appellant V SUMMIT OAK DEVELOPMENT,LLC Appellee SUMMIT OAK DEVELOPMENT, LLC'S MOTION TO EXTEND DEADLINE TO FILE ITS MOTION F'OR REHEARING AND MOTION FOR EN BANC RECONSIDERATION State Bar No. 00794324 M. Young State Bar 22199700 PRICHARD, HAWKINS, MCFARLAND YOUNG, LLP Reunion Place, Suite 600 San Antonio, (210) 477-7400 - Telephone (210) 477-7450 Telecopier ATTORI\EYS FOR APPELLEE SUMMIT OAK DEVELOPMENT, *2 TO TI{E HONORABLE COURT OF APPEALS:
COMES NOW APPELLEE, Summit Oak Development, LLC ("Summit
Oak"), and submits this Motion to Extend Deadline to Files its Motion for
Rehearing and Motion for En Banc Reconsideration. VIA seeks an 18-day
extension to file its motion for rehearing and motion for en banc reconsideration.
In support of this Motion, VIA shows as follows.
I. IIE,STS AN 18-DAY EXTENSION THE, CI]RRENT
ST]MMIT OAK
DEADLINE The Court issued its opinion March 11,2015, reversing and remanding judgment Trial Court. VIA's current deadline to file a motion for
rehearing is March 26, 2015. TBx. R. App. P. 49.1. Pursuant to Texas of
Appellate Procedure 49.8, VIA requests an 18-day day extension Monday,
April 13, 2015 - to file its motion rehearing and/or motion for en banc
reconsideration. Oak requests this extension due scheduling issues its
counsel. David Montpas is the head Prichard Hawkins McFarland Young's
appellate and litigation support group. Mr. Montpas has been assisting in the
preparation and trial a case styled: John C. Wolft v. JW Hughes Excavation, Inc.
and John Winston Hughes, Jr., Cause L4-05-0365-CVA, in 81't District
Court, Atascosa County, Texas. case was tried from through March
20,2015. Young, also counsel of record for Summit Oak, seryes as trial
counsel in that case. As a result of the pre-trial preparation and trial of the case,
counsel for Summit Oak have yet to begin work filing a motion for rehearing or
motion for en banc reconsideration in this case. Accordingly, as a result of
scheduling difficulties following Court's issuance of its opinion, Oak
requests this extension.
Summit Oak's counsel attempted to confer Appellant's counsel on 20,2015 regarding this request. As filing this motion, Appellant's
counsel had not indicated whether he opposes Summit Oaks' request.
This motion is not being filed for purposes delay but so that justice may
be served.
il.
PRAYER WHEREFORE, PREMISES CONSIDERED, Appellee Summit Oak
Development, LLC respectfully requests Court of Appeals extend Summit Oak
Development, LLC's deadline file its motion rehearing and motion for en
banc reconsideration to Monday, April 13, 2015. Summit Oak Development,
further requests any additional relief which it is entitled.
a J *4 Respectfully submitted, /s/ David R. R. Montpas - Lead Appellate Counsel
State Bar No. 00794324 M. Young State Bar 22199700 PRICHARD, HAWKINS, MCFARLAND YOUNG, LLP 10101 Reunion Place, Suite 600 San Antonio, Texas 78216 (210) 477-7400 - Telephone (210) 477-7450 - Telecopier ATTORNEYS FOR APPELLEE SUMMIT OAK DEVELOPMENT, CERTIFICATE SERVICE undersigned certifies that a true, correct and complete copy of the preceding document \¡/as served, pursuant Appellate Procedure
9.5, viatelecopier the 20th day March,2015 to the following:
Mr. Kevin'W. Stouwie
Law Office Kevin W. Stouwie
3238 N.W. Loop 410
San Antoni o, Texas [7] 8213-281 I
(210) 45-4845 Telephone (210) [7] 45 -4825 - Telecopier
lslDavidR. Montpas David *5 CERTIFICATE OF CONFERENCE undersigned certifies, pursuant Appellate Procedure 10.1(5), he attempted confer Appellant's counsel on 20,2015. As frling of this motion, however, Appellant's counsel has not yet responded to
the undersigned's inquiry or indicated whether he opposes requested extension.
Counsel Oaks will update Court if and when he hears from
Appellant's counsel regarding the requested extension.
/s/ David R.