Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 5/5/2015 11:05:05 AM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00319-cv FIRST COURT OF APPEALS HOUSTON, TEXAS 5/5/2015 11:05:05 AM CHRISTOPHER PRINE CLERK ASE N O . 01-15-00319-CV In the First Court of Appeals Houston, Texas Q’Max America, Inc.
d/b/a Q’Max America Solutions, Inc.
d/b/a Q’Max Solutions d/b/a Q’Max Solutions, Inc.,
Appellant v.
Screen Logix, LLC, Appellee From the 125th District Court, Harris County, Texas
Cause No. 2015-05002 A PPELLANT Q’M AX A MERICA ’ S OTION FOR E XTENSION OF IME
Appellant Q’Max America Inc. files this unopposed motion to extend
time, pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6. Q’Max
America respectfully requests a brief, two-week extension of the May 13, 2015
deadline to file its appellant’s brief. *2 OTION TO E XTEND
This is an accelerated appeal from an interlocutory order granting a
temporary injunction. The record on appeal became complete when the
reporter’s record was filed on April 23, 2015. Q’Max America’s appellant’s
brief is due 20 days later, on May 13, 2015. See EX . R. A PP . P. 38.6(a).
Currently pending the Court’s consideration is a motion to dismiss this
appeal filed by appellee Screen Logix, LLC. Q’Max America filed its response
on April 27, 2015.
In the meantime, Q’Max America seeks a two-week extension—until
May 27, 2015—to file its appellant’s brief. This is Q’Max America’s first
request for an extension of time in connection with its appellant’s brief, which
is needed in light of the following responsibilities of its counsel:
• Preparing for and attending a hearing to defend against an
application for a temporary restraining order and temporary
injunction on May 8, 2015, in Cause No. 15-001017-CV-272,
American Momentum Bank v. George Lea et al. , pending in the
272nd Judicial District Court in Brazos County, Texas;
• Preparing briefing in response to two summary judgment
motions due on May 6 and May 25, 2015, in Cause No. 2013-
CI-11965, Siete Acres, LLC. v. Midway Austin Highway Partners,
LP., et al. , pending in the 73rd Judicial District Court in Bexar
County, Texas;
• Preparing for and attending a related summary judgment
hearing on May 13, 2015 in Cause No. 2013-CI-11965, Siete
Acres, LLC. v. Midway Austin Highway Partners, LP., et al. ,
pending in the 73rd Judicial District Court in Bexar County,
Texas; and
• Preparing for and attending a hearing on Q’Max America’s
motion to dismiss on May 18, 2015, in the underlying lawsuit
in this case.
This motion is not brought for purposes of delay, but rather to allow
counsel adequate time to present the issues in this appeal as thoroughly and
precisely as possible, and so that justice may be done. ONCLUSION AND P RAYER
Q’Max America respectfully requests a two-week extension of the
deadline to file its appellant’s brief—until May 27, 2015—or until such later
date as the Court may determine appropriate.
Respectfully submitted, B OYAR ILLER By: /s/ Whitney Rawlinson Chris Hanslik State Bar No. 00793895 Kasi Chadwick State Bar No. 24087278 Whitney Rawlinson State Bar No. 24068655 4265 San Felipe, Suite 1200 Houston, Texas 77027 713.850.7766 – Telephone 713.552.1758 – Facsimile chanslik@boyarmiller.com kchadwick@boyarmiller.com wrawlinson@boyarmiller.com ATTORNEYS FOR APPELLANT *5 ERTIFICATE OF C OMPLIANCE I do hereby certify that this document complies with the typeface
requirements of Texas Rule of Appellate Procedure 9.4(e) because it has been
prepared in a proportionally-spaced typeface using Microsoft Word 2010 in
14-point Bell MT font.
/s/ Whitney Rawlinson Whitney Rawlinson *6 C ERTIFICATE OF C ONFERENCE AND S ERVICE I certify that on May 4, 2015, counsel for appellant conferred with
counsel for appellee regarding the substance of this motion, and counsel for
appellee indicated that he was unopposed.
I further certify that on May 5, 2015, a true and correct copy of the
foregoing document was sent to all counsel of record as indicated below by e-
service:
N ISTICO , ROUCH & K ESSLER , P.C.
Joseph F. Nistico, Jr
Jonathan Peirce
1900 West Loop South, Suite 800
Houston, Texas 77027
713.781.2889 - Telephone
713.781.7222 - Facsimile
jnistico@nck-law.com
jpeirce@nck-law.com
T HE F ORBES F IRM , PLLC
Lucy H. Forbes
2114 Woodcrest Drive
Houston, Texas 77018
832.620.3030 - Telephone
832.532.3789 - Facsimile
lucy@forbesfirm.com HE L AW O FFICE OF K ATHLEEN O’C ONNOR
Kathleen A. O’Connor
4400 Post Oak Parkway, Suite 2360
Houston, Texas 77027
713.225.9000 - Telephone
713.222.6126 – Facsimile
kat.a.oconnor@gmail.com
/s/ Whitney Rawlinson Whitney Rawlinson