Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 2/23/2015 3:28:15 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-14-00482-cv FIRST COURT OF APPEALS HOUSTON, TEXAS 2/23/2015 3:28:15 PM CHRISTOPHER PRINE CLERK
NO. 01-14-00482-CV IN THE COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS RSL-3B-IL, LTD.
v. THE PRUDENTIAL INSURANCE CO. OF AMERICA, ET AL. O N PPEAL F ROM THE 269 TH J UDICIAL D ISTRICT OURT OF H ARRIS C OUNTY , T EXAS RSL-3B-IL, LTD.’S UNOPPOSED SECOND MOTION TO EXTEND TIME TO FILE REPLY BRIEF OF APPELLANT State Bar No. 08217560 jgorman@feldlaw.com John R. Craddock State Bar No. 04969800 jcraddock@feldlaw.com ELDMAN F Two Post Oak Central 1980 Post Oak Boulevard, Ste. 1900 Houston, TX 77056-3877 Telephone: (713) 850-0700 Facsimile: (713) 850-8530 COUNSEL FOR APPELLANT RSL-3B-IL, LTD.
M AY IT P LEASE THE OURT :
Appellant RSL-3B-IL, Ltd. (“RSL-3B”) moves the Court for another 20-day extension of time to file its reply brief due to the illness of its counsel. See T EX . R.
A PP . P. 10.5(b), 38.6(d). The extended deadline of Monday, March 16, 2015 will roll
over from a weekend due date. Id. 4.1(a). A serious medical condition suffices as a
“reasonable explanation” to support this second request for extending the deadline
for filing the reply brief of appellant in this ordinary appeal.
1. On February 3, 2015, the Court extended the deadline for RSL-3B to file its reply brief to Monday, February 23, 2015. See T EX . R. A PP . P. 10.5(b)(1)(A),
38.6(a). In the interim, counsel for RSL-3B, E. John Gorman, fell seriously ill from
an infection in his lower left leg (cellulitis). Doctors also suspected a blood clot. Mr.
Gorman’s medical condition required a trip to the emergency room, two ultrasound
tests, heavy doses of antibiotics, and multiple visits with his physician.
2. RSL-3B respectfully requests more time to file its reply brief because of these extenuating circumstances. Mr. Gorman has missed the last two weeks of work,
thereby eating up most of the previous extension. Nor can Mr. Gorman work
extended hours at this point in his recovery. Rule 38.6(d) authorizes RSL-3B to move
for an extension “before or after the date the brief is due.” See EX . R. PP . P.
38.6(d). RSL-3B is in turn meeting this time frame.
3. This series of events represents a “mischance” that plausibly states circumstances justifying an extension. Cf. Hone v. Hanafin , 104 S.W.3d 884, 886
(Tex. 2003) (per curiam). Mr. Gorman’s illness reasonably explains the need for
more time. As such, RSL-3B neither deliberately nor intentionally caused any delay
in the current briefing schedule. See id.
4. Under Rule 10’s “liberal standard” for extensions, RSL-3B has carried its burden as the movant in reasonably explaining the basis for relief. Id. at 886-87;
see T EX . R. A PP . P. 10.5(b)(1)(c). According to the supreme court, “any conduct
short of deliberate or intentional noncompliance qualifies as inadvertence, mistake,
or mischance.” Hone , 104 S.W.3d at 886-87. The facts recited by this motion clear
this low hurdle.
5. The Court should construe the procedural rules liberally and follow the prevailing rule in Texas that calls for reaching and deciding the merits of this appeal.
See Republic Underwriters Ins. Co. v. Mex-Tex, Inc. , 150 S.W.3d 423, 427 (Tex.
2004).
6. As the certificate of conference verifies, neither of the appellees that filed a brief opposes the relief sought by this motion. The facts giving rise to RSL-
3B’s second request for an extension as to the reply brief fall within its appellate
counsel’s personal knowledge. See EX . R. PP . P. 10.2(c).
RSL-3B prays the Court will grant the relief requested by this motion and extend the time to file the reply brief of appellant to Monday, March 16, 2015.
Respectfully submitted, /s/ E. John Gorman E. John Gorman State Bar No. 08217560 jgorman@feldlaw.com John R. Craddock State Bar No. 04969800 jcraddock@feldlaw.com ELDMAN F Two Post Oak Central 1980 Post Oak Boulevard, Ste. 1900 Houston, TX 77056-3877 (713) 850-0700 (713) 850-8530 (fax) COUNSEL FOR APPELLANT RSL-3B-IL, LTD.
CERTIFICATE OF CONFERENCE I certify contacting counsel for all of the appellees, Stephen Harris, by email on Monday, February 23, 2015, about the relief sought by this motion, which his
clients do not oppose.
/s/ E. John Gorman *5 CERTIFICATE OF SERVICE I certify delivering a true and correct copy of this second motion for extension as to the reply brief to all counsel of record on February 23, 2015, in compliance with
Texas Rule of Appellate Procedure 9.5:
Patrick Larkin ARKIN L PC
11200 Broadway Street, Suite 2705
Pearland, Texas 77584
Stephen R. Harris
D RINKER B IDDLE & R EATH LLP
One Logan Square, Suite 2000
Philadelphia, Pennsylvania 19103
Counsel For The Prudential Appellees
Earl Nesbitt
N ESBITT , V ASSAR & M C OWN ,
15851 Dallas Parkway, Suite 800
Addison, Texas 75001
Counsel for Settlement Capital Corporation
/s/ E. John Gorman [5] R:\cust\adegoke,eri\legal\prud dist ct\trial appeal 14-482\rsl-3b 2nd mfe reply brf.wpd