Case Information
*0 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 12/2/2015 12:03:22 PM KEITH E. HOTTLE Clerk *1 ACCEPTED 04-15-00481-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 12/2/2015 12:03:22 PM KEITH HOTTLE CLERK No. 04-15-00481-CV
I N T HE
F OURTH C OURT OF A PPEALS
AT S AN A NTONIO , T EXAS J OERIS G ENERAL C ONTRACTORS , L TD ., Appellant , v.
R OLANDO C UMPIAN ,
Appellee. UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF Lorien Whyte David Gaultney
Pozza & Whyte, PLLC davidgaultney@mehaffyweber.com
lorienwhyte@pozzaandwhyte.com Elana Einhorn
239 E. Commerce St.
San Antonio, TX 78205 elanaeinhorn@mehaffyweber.com
(210) 226.8888 Office MehaffyWeber, P.C.
(210) 222.8477 Fax 823 Congress Avenue, Suite 200
Austin, Texas 78701 (512) 394-3840 Office (512) 394-3860 Fax ATTORNEYS FOR APPELLANT JOERIS GENERAL CONTRACTORS, LTD.
To the Honorable Court of Appeals:
Appellant, Joeris General Contractors, Ltd., files this Unopposed Motion for Extension of Time to file Appellant’s Brief and would respectfully show as
follows:
I. Time Requested for Extension Appellant’s Brief is currently due on Wednesday, December 23, 2015.
Appellant requests an extension up to and including Friday, January 22, 2016 , to
file Appellant’s Brief in this matter. Appellant requests an extension of thirty days.
This is Appellant’s first request for an extension.
II. The Extension is Unopposed Counsel for Appellee does not oppose the extension.
III.
Grounds for Extension In addition to the brief in this case, Appellant’s counsel is working on a brief on the merits in the Texas Supreme Court, an appellant’s brief in the federal Fifth
Circuit Court of Appeals, and an appellee’s brief in the Thirteenth District Court of
Appeals. The Thanksgiving holidays were part of the original time period for filing
the brief in this case and those cases, and the Christmas and New Year holidays
will be part of any extension in this and those cases as well.
IV. Authority to Grant Extension The Court may grant an extension of time to file a brief under the authority of Texas Rule of Appellate Procedure 10.5(b). Because this is a motion to extend
time to file a brief, this motion may be determined by the Court without waiting
the 10-day submission delay. See Tex. R. App. P. 10.3(a) (1).
V. This request will not unnecessarily delay disposition of this matter, but will allow Appellant adequate opportunity to prepare briefing that will be of maximum
benefit to the Court.
VI. This motion is not brought for purposes of delay, but so that justice may be accomplished.
WHEREFORE, Appellant prays that this Court grant Appellant an extension up to and including Friday, January 22, 2016, to file Appellant’s Brief herein, and
for such other and further relief to which Appellant may be justly entitled.
Respectfully submitted, MEHAFFYWEBER, P.C.
Respectfully submitted, By /s/ David Gaultney Lorien Whyte David Gaultney
Pozza & Whyte, PLLC davidgaultney@mehaffyweber.com
lorienwhyte@pozzaandwhyte.com Elana Einhorn
239 E. Commerce St.
San Antonio, TX 78205 elanaeinhorn@mehaffyweber.com
(210) 226.8888 Office MehaffyWeber, P.C.
(210) 222.8477 Fax 823 Congress Avenue, Suite 200
Austin, Texas 78701 (512) 394-3840 Office (512) 394-3860 Fax ATTORNEYS FOR APPELLANT CERTIFICATE OF CONFERENCE I certify that I have conferred with Appellee’s counsel Thad Spalding by email, and Appellee is unopposed to this motion.
/s/ David Gaultney *5 CERTIFICATE OF SERVICE The undersigned certifies that a true copy of the Motion was served upon the following counsel of record for Appellee via electronic service on December 2,
2015:
R. Scott Westlund Thad D. Spalding
State Bar No. 00791906 State Bar No. 00791708
scott@krwlawyers.com tspalding@texasappeals.com
Brian C. Steward Kelly, Durham &Pittard, LLP P.O. Box 224626
brian@krwlawyers.com Dallas, Texas 75222
Jay Moore Telephone: (214) 946-8000 Facsimile: (214) 946-8433
jay@krwlawyers.com
Ryan A. Todd
ryan@krwlawyers.com
Ketterman Rowland &Westlund
16500 San Pedro, Suite 302
San Antonio, Texas 78232
Telephone: (210) 490-7402
Facsimile: (210) 490-8372
/s/ David Gaultney David Gaultney