Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 12/29/2015 11:21:23 AM JEFFREY D. KYLE Clerk NO. 03-15-00763-CV THIRD COURT OF APPEALS 12/29/2015 11:21:23 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00763-CV *1 ACCEPTED [8389079] CLERK TWIN CREEKS GOLF GROUP, L.P. § IN THE THIRD DISTRICT
Appellant §
§
v. § COURT OF APPEALS
§
SUNSET RIDGE OWNERS §
ASSOCIATION, INC. §
Appellee, § AUSTIN, TEXAS
APPELLANT’S, TWIN CREEKS GOLF GROUP, UNOPPOSED MOTION
TO EXTEND TIME TO FILE BRIEF TO THE HONORABLE JUDGE OF SAID COURT:
Appellant, Twin Creeks Golf Group, L.P., asks the Court to extend the time
to file its brief.
INTRODUCTION 1. Appellant is Twin Creeks Golf Group, L.P., (“TCGG”). Appellee is the
Sunset Ridge Owners Association, Inc.
2. There is no specific deadline to file this motion to extend time. See T EX .
R. A PP . P. 38.6(d).
3. Appellee does not agree to this motion but does not oppose it.
ARGUMENT AND AUTHORITIES 4. The Court has authority under Texas Rule of Appellate Procedure 38.6(d)
to extend the time to file a brief.
5. Appellant’s brief is due January 7, 2016.
6. Appellant has filed a motion to dismiss this appeal for lack of jurisdiction
based on the premise that the order subject of the appeal is not a final appealable
order. Appellant asks that the deadline to file its brief be extended to the later of
30 days after the Court Rules on Appellant’s, Twin Creeks Golf Group, L.P., Mo-
tion to Dismiss for Lack of Jurisdiction or to February 8, 2016.
7. Appellant makes this request on two distinct bases. First, Appellant’s
counsel needs additional time to prepare Appellant’s brief. Notice of appeal was
filed on December 4, 2015. The Clerk’s Record was filed very promptly, on De-
cember 8, 2015. In addition to the typical holiday time constraints and end of year
issues, counsel for Appellant has a family wedding in Alabama on New Year’s
Eve. Because of the intervening holidays and the end of the year issues, counsel
for Appellant seeks additional time to prepare Appellant’s brief.
8. The second basis on which Appellant seeks additional time to file its
brief is because such brief may not be necessary. A noted above, Appellant has
filed a motion to dismiss for lack of jurisdiction. If the Court determines that the
order subject of the appeal is not a final, appealable order, Appellant has asked that
this appeal be dismissed and the case be remanded to the trial court. In that event,
a brief will not be necessary. If Appellant is put to the burden of meeting the cur-
rent January 7, 2016 deadline, it will result in unnecessary expense and loss of time
as a result of working to prepare a brief in a timely fashion.
9. No previous extension has been granted to extend the time to file Appel-
lant’s brief.
PRAYER
10. For these reasons, TCGG asks the Court to grant this motion, dismiss this
appeal for lack of jurisdiction, and remand this case to the trial court, and grant
TCGG all other relief to which it may be entitled.
Respectfully submitted, SNEED, VINE & PERRY, P.C. 900 Congress Avenue Suite 300 Austin, Texas 78701 512-476-6955 (Telephone) 512-476-1825 (Facsimile) By: /s/ Allen Halbrook Allen Halbrook State Bar No. 08721300 ahalbrook@sneedvine.com ATTORNEYS FOR APPELLANT, TWIN CREEKS GOLF GROUP. L.P.
CERTIFICATE OF CONFERENCE I certify that I have conferred with Noel L. Stout by telephone on December 22, 2015, about the merits of Appellant’s, Twin Creeks Golf Group, L.P., Motion
to Dismiss for Lack of Jurisdiction. Appellee, Sunset Ridge Owners Association,
Inc., is opposed to the motion.
/s/ Allen Halbrook Allen Halbrook
CERTIFICATE OF SERVICE I certify that a true and correct copy of the above and foregoing document has been served by e-mail and by certified mail, return receipt requested, as set out
below on this 29 th day of December, 2015.
Noel L. Stout
Almanza, Blackburn & Dickie, LLP
2301 S. Capital of Texas Highway, Building H
Austin, Texas 78746
nstout@abdlawfirm.com.
/s/ Allen Halbrook Allen Halbrook