Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 4/28/2015 4:37:47 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-14-00992-cv FIRST COURT OF APPEALS HOUSTON, TEXAS 4/28/2015 4:37:47 PM CHRISTOPHER PRINE CLERK No. 01-14-00992-CV In the First District Court of Appeals at Houston Jordan and Associates, Appellant V.
Lisa Wells, Appellee Appeal from the 506th Judicial District Court
Grimes County, Texas, Hon. Albert McCaig, Presiding APPELLANT’S MOTION FOR EXTENSION OF TIME
Appellant moves for a 20-day extension of time to file its Reply Brief
so that its Brief is timely filed if filed on or before May 18, 2015.
1. The deadline to file Appellant’s Reply Brief is April 28, 2015.
Appellant has not sought a previous extension of this deadline.
2. Appellant requests a 20-day extension so that its Reply Brief is timely
filed if filed on or before May 18, 2015.
3. Appellant’s counsel conferred/attempted to confer with Appellee’s
counsel. Counsel for Appellant left a detailed voicemail regarding the
proposed 20-day extension of time to file Appellant’s Reply Brief. As of the
filing of this motion, Appellant has not received a response from counsel
for Appellee. As such, it is not known whether Appellee is opposed or
unopposed to the requested extension.
4. Facts Relied on to Reasonably Explain the Need for an Extension
Counsel for Appellant has begun the preparation of the Reply Brief in
earnest. However, Appellant’s counsel has been responsible for:
& Preparing the brief of Chasco, Inc. a/k/a
Chasco Interiors, Inc. which has two other
appellees, a lengthy and voluminous
appellate record, and a multitude of issues in
case number 05-14-00531-CV, styled Juan
Carlos Flores v. Chasco, Inc. a/k/a Chasco
Interiors, Inc., et. al. , and pending in the Dallas
Court of Appeals;
& Preparing a motion and brief in the United
States District Court for the Northern District
of Texas – Dallas Division for failure to state a
cause of action under Federal Rule of Civil
Procedure 12(b)(6) and 9(b), and a summary
judgment motion and brief under Federal
Rule of Civil Procedure 56 Rule in case
number 3:13-CV-03426-P, styled Onyx Wealth
Advisors, Inc. f/k/a Cambridge Legacy Advisors,
Inc., et. al. v. Indian Harbor Ins. Group, et. al. ;
& Drafting, filing, and attending the hearing on
a motion for summary judgment filed in cause
number CC-14-00640-B, styled Staff Force, Inc.
v. Tekni-Plex, Inc. d/b/a Dolco Packaging , and
pending in the County Court at Law Number
2 of Dallas County, Texas;
& Preparing a motion for protection and a stay
as to discovery in arbitration proceeding
number 01-14-0001-4150, styled Tang Energy
group, Ltd. et. al., v. CATIC USA, Inc. et. al. , and
pending before the American Arbitration
Association International Centre for Dispute
Resolution in New York, New York – with the
motion and brief filed under civil case number
3:14-CV-03314-K, styled Ascendant Renewable
Energy Corp. v. Tang Energy Group, Ltd., et. al. ,
and pending in the United States District
Court for the Northern District of Texas –
Dallas Division;
& Preparing and finalizing a response to a
motion for reconsideration in cause number
CC-11-07735-E, styled Alma Rosa Matias, et al.
v. Exco Operating Company, L.P. et. al., v. Exco
Resources, Inc., et. al., v. Basic Energy Services,
L.P. , and pending in the County Court at Law
Number 5 for Dallas County; and
& Handling various personal and professional
responsibilities, including those attendant to
being the managing partner of Walters, Balido
& Crain, L.L.P.; and
5. These reasons constitute good cause to justify an extension of the
briefing deadline. A reasonable cause justifying an extension of time in this
context has been described as “any plausible statement of circumstances
indicating the failure to file within the [briefing] period was not deliberate
or intentional.” Hone v. Hanafin , 104 S.W.3d 884, 886 (Tex. 2003). The
unfortunate circumstances surrounding counsel’s practice demonstrates
that any failure to complete the Reply Brief on time was not deliberate or
intentional.
6. This Motion is not sought solely for delay but so that justice may be
served.
Wherefore, Appellant prays that the Court grant its requested 20-day
extension to file its Reply Brief so that the Court deems the Reply Brief
timely filed if filed on or before May 18, 2015, and for such other relief to
which it may be entitled.
Respectfully submitted, ___ /s/Gregory R. Ave ________ G REGORY R. A VE State Bar No. 01448900 greg.ave@wbclawfirm.com Walters, Balido & Crain, L.L.P. Meadow Park Tower, Suite 1500 10440 N. Central Expressway Dallas, Texas 75231 (214) 347-8310 – Telephone (214) 347-8311 – Facsimile C OUNSEL FOR A PPELLANT J ORDAN AND A SSOCIATES *5 Certificate of Service On April 28, 2015, I served Appellant’s Motion for Extension of Time
on all counsel of record via e-service through the e-filing system.
__ /s/Gregory R. Ave _____________ G REGORY R. A VE