Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 3/2/2015 10:47:37 AM JEFFREY D. KYLE Clerk NO. 03-15-00051-CV THIRD COURT OF APPEALS 3/2/2015 10:47:37 AM JEFFREY D. KYLE 03-15-00051-CV AUSTIN, TEXAS *1 ACCEPTED [4327723] CLERK IN THE COURT OF APPEALS THIRD COURT OF APPEALS DISTRICT AUSTIN, TEXAS T RENT L INDIG , Appellant v.
P LEASANT H ILL R OCKY C OMMUNITY C LUB Appellee O N A PPEAL FROM THE 33 RD D ISTRICT C OURT , B LANCO C OUNTY , T EXAS
H ONORABLE J. A LLAN G ARRETT P RESIDING C AUSE N O . CV07580 UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO
FILE APPELLANT’S BRIEF TO THE HONORABLE THIRD COURT OF APPEALS:
Appellant respectfully presents this unopposed first motion to extend
the time in which to file their Appellant’s Brief pursuant to Texas Rule of
Appellate Procedure 38.6. No previous motions for extension of time to file
the Appellant’s Brief have been filed. In support of this motion, appellant
would show the Court as follows:
I.
Appellant’s principal brief is currently due on March 16, 2015.
Because of the events and matters described more fully below, appellant
requests an extension of an additional 30 days in which to file the
Appellant’s Brief or until April 15, 2015.
II.
The requested extension is necessary because the following matters
have prevented the undersigned from completing the Appellant’s Brief and
will preclude the undersigned from doing so sooner than April 15, 2015:
1. The undersigned is preparing a reply brief in Philip Wayne
Hindes and Melinda Hindes Eustace v. La Salle County et al. ,
No. 04-14-00651-CV, which is currently due on March 27, 2015;
2. The undersigned prepared motions to exclude evidence in order
to meet a pretrial deadline in Martha Elvia Bolanos et al. v.
General Motors et al. , No. 7,478, in the 49 th Judicial District
Court, Zapata County, Texas;
3. The undersigned will be conducting legal research and related
tasks to prepare for an oral argument to be conducted in City of
San Antonio v. Casey Industrial, Inc. and Wheelbrator Air
Pollution Control, Inc. , No. 04-14-00429-CV, which will be held
on April 2, 2015; and
4. The undersigned was nominated to run for President-Elect of
the Texas Young Lawyers Association and has had expended considerable time preparing for the campaign and will be
conducting a state-wide campaign during the month of March.
For all of the reasons explained above, counsel for appellant cannot
complete the Appellant’s Brief by its current due date of March 16, 2015,
and needs an additional 30 days in which to do so.
III.
On March 2, 2015, the undersigned conferred with Jeff Small, lead
appellate counsel for appellees. Mr. Small indicated that this motion would
not be opposed.
WHEREFORE, PREMISES CONSIDERED, appellant respectfully
request that this Court grant his motion for extension of time in which to file
the Appellant’s Brief, extend the deadline in which to file the brief an
additional 30 days up to and including April 15, 2015, and grant such other
and further relief to which appellant may be justly and equitably entitled.
Respectfully submitted, /s/ Samuel V. Houston, III SAMUEL V. HOUSTON, III State Bar No. 24041135 HOUSTON DUNN, PLLC 4040 Broadway, Suite 440 San Antonio, Texas 78209 Telephone: (210) 775-0882 Fax: (210) 826-0075 sam@hdappeals.com ATTORNEY FOR APPELLANT *4 CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing motion
has been served on the following counsel in accordance with the Texas Rules
of Appellate Procedure, on the 2 nd day of March, 2015:
Jeff D. Small Via email/e-service
L AW O FFICE OF J EFF S MALL
12451 Starcrest Dr. #100
San Antonio, Texas 78216
jdslaw1951@gmail.com
Norman L. Nevins Via email/e-service
T HE N EVINS L AW F IRM
206 West Main Street
Fredericksburg, Texas 78624
nnevinslaw@yahoo.com
/s/ Samuel V. Houston, III SAMUEL V. HOUSTON, III