Case Information
*0 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 1/27/2015 6:07:35 AM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 14-14-00222-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 1/27/2015 6:07:35 AM CHRISTOPHER PRINE CLERK No. 14-14-00222-CV
In the Fourteenth Court of Appeals
At Houston, Texas
THE CITY OF GALVESTON, TEXAS
V.
JOE MURPHY, YORAM BEN-AMRAM
AND GALTEX DEVELOPMENT LLC
MOTION FOR EXTENSION OF TIME
IN WHICH TO FILE REQUEST FOR REHEARING
AND REQUEST FOR REHEARING EN BANC
(Unopposed)
TO THE HONORABLE FOURTEENTH COURT OF APPEALS:
Pursuant to TRAP 10.5 and 49.8, Appellees Joe Murphy, Yoram Ben
Amram and Galtex Development LLC
hereby request an extension of thirty days, to and including Wednesday, February
12, 2015 in which to file a Motion for Rehearing and Motion for Rehearing En
Banc.
The Opinion of the Court was issued on January 13, 2015. Any motion for
Rehearing would be initially due by Wednesday, January 28.
This is a first request for such extension.
Good cause exists for the requested extension. The Opinion of January 13 is
relatively complicated and in the view of Appellees counsel raises serious issues
for both sides on remand. The same opinion also appears to raise serious issues
concerning proper application of the standard of review and related presumptions
on appeal.
This Motion is Unopposed. In the event that Appellant The City of
Galveston seeks an extension, such request will not be opposed by Appellees.
Prayer
Appellees accordingly request an extension through and including
Wednesday, February 28, 2015 in which to file a Motion for Rehearing and Motion
for Rehearing En Banc .
1
Respectfully submitted,
/s/Mark W. Stevens Mark W. Stevens TBN 19184300 PO Box 8118 Galveston, Texas 77553
409.765.6306 Fax 409.765.6469 Email: markwandstev@sbcglobal.net
Counsel for Appellees
Certificate of Conference
This will certify that on January 26, 2015 I conferred by telephone
with David Salyer of McLeod, Alexander, Powell & Apffel (Lead Counsel
for The City of Galveston) and Mr. Salyer advises that the City does not
oppose this Motion for Extension of Time.
/s/Mark W. Stevens Mark W. Stevens Certificate of Compliance
This will certify that the text of the foregoing Motion contains 178 words.
/s/Mark W. Stevens Mark W. Stevens Certificate of Service
A true and correct copy of the foregoing instrument has been served
upon Mr. David Salyer and Ms. Jocylen Holland, McLeod, Alexander,
Powel & Apffel via electronic means on January 27, 2015.
/s/Mark W. Stevens Mark W. Stevens 2