Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 10/12/2015 10:21:15 AM JEFFREY D. KYLE Clerk NO. 03-15-00051-CV THIRD COURT OF APPEALS 10/12/2015 10:21:15 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00051-CV *1 ACCEPTED [7326505] 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 SECOND MOTION FOR EXTENSION OF TIME TO
FILE MOTION FOR REHEARING TO THE HONORABLE THIRD COURT OF APPEALS:
Appellant respectfully presents this unopposed second motion to
extend the time in which to file a motion for rehearing pursuant to Texas
Rule of Appellate Procedure 49.8. One previous motion for extension of time
to file a motion for rehearing has been filed. In support of this motion,
appellant would show the Court as follows:
I.
Appellant’s motion for rehearing is currently due on October 14, 2015.
Because of the events and matters described more fully below, appellant
requests an extension of an additional 9 days in which to file the motion for
rehearing or until October 23, 2015.
II.
The requested extension is necessary because the following matters
have prevented the undersigned from completing the motion for rehearing
and will preclude the undersigned from doing so sooner than October 23,
2015:
1. The undersigned drafted and filed a motion for rehearing in
Hindes v. La Salle County , No. 04-14-00651-CV on October 12,
2015;
2. The undersigned assisted in the preparation of a petition for
writ of mandamus and motion for emergency relief in In re IPSecure, Inc. , No. 04-15-00622-CV, which were filed on
October 2, 2015;
3. The undersigned has been reviewing and revising motions for
summary judgment to meet a dispositive motion deadline in in
George L. Hachar, Sr. v. Falcon International Bank and Verde
Corp. , No. 2010-CI-18274, in the 407 th Judicial District Court,
Bexar County, Texas; and
4. The undersigned had to travel out of town from September 24-
25, 2015 to attend a meeting of the board of directors for the State Bar of Texas as part of his duties as President-elect of the
Texas Young Lawyers Association.
For all of the reasons explained above, counsel for appellant cannot
complete the motion for rehearing by its current due date of October 14,
2015, and needs an additional 9 days in which to do so.
III.
On October 9, 2015, the undersigned conferred with Jeff Small, lead
appellate counsel for appellee. Mr. Small indicated that this motion would
not be opposed.
WHEREFORE, PREMISES CONSIDERED, appellant respectfully
requests that this Court grant his motion for extension of time in which to file
the motion for rehearing, extend the deadline in which to file the motion an
additional 9 days up to and including October 23, 2015, and grant such other
and further relief to which appellants may be justly and equitably entitled.
Respectfully submitted, /s/ Samuel V. Houston, III SAMUEL V. HOUSTON, III State Bar No. 24041135 Direct Line: (210) 775-0882 HOUSTON DUNN, PLLC 4040 Broadway, Suite 440 San Antonio, Texas 78209 Telephone: (210) 775-0880 Fax: (210) 826-0075 sam@hdappeals.com ATTORNEY FOR APPELLANTS *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 this 12 th day of September, 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