Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 12/1/2015 2:57:16 PM JEFFREY D. KYLE Clerk NO. 03-15-00464-CV THIRD COURT OF APPEALS 12/1/2015 2:57:16 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00464-CV *1 ACCEPTED [8036292] CLERK __________________________________________________ IN THE COURT OF APPEALS THIRD JUDICIAL DISTRICT OF TEXAS AT AUSTIN ________________________________________________ VICTORY CHEVAL HOLDINGS, LLC, GARRETT JENNINGS AND CASTLE CROWN MANAGEMENT, LLC, Appellants v.
DENNIS ANTOLIK, VICTOR ANTOLIK and CHEVAL MANOR, INC., Appellees APPELLEES’ AGREED MOTION FOR SECOND EXTENSION OF DEADLINE TO FILE SUPPLEMENTAL CLERK’S AND REPORTER’S RECORDS
TO THE HONORABLE THIRD COURT OF APPEALS:
Appellees Dennis Antolik and Cheval Manor, Inc. (“Appellees”) file this
motion to extend the deadline to file supplemental clerk’s and reporter’s records
from the hearing on the cross motions for contempt referred to the trial court by
this Court. The parties have not submitted a supplemental record from the
contempt hearing, because that hearing has not yet occurred. Because has been
continued to January 6, 2016, Appellees respectfully request that the supplemental
record deadline be extended until January 20, 2016.
This an interlocutory appeal from a temporary injunction. Both sides have
filed motions for contempt, which this Court referred to the trial court for hearing
in orders issued on September 10 and 28, 2015. At the request of the parties, the
Court previously extended the deadline to submit supplemental clerk’s and
reporter’s records to November 24, 2015.
After extensive negotiations, the parties have agreed on a general framework
that they believe will finally resolve all disputes between the parties, including this
appeal and the contempt motions. Because the parties are still finalizing the details
of their settlement, they agreed to continue the contempt hearing until January 6,
2016. The trial court also requested that it be allowed two weeks after the hearing
to prepare the supplemental clerk’s and reporter’s records. The parties missed the
November 24, 2015 supplemental record deadline because they and the trial
court’s staff were still trying to coordinate a date on which to reset the contempt
hearing, which was not settled until the day of the filing of this motion.
PRAYER Accordingly, Appellees Dennis Antolik and Cheval Manor, Inc. respectfully
request that the Court extend the deadline for all parties to submit the supplemental
clerk’s and reporter’s records from the contempt hearing until January 20, 2016.
Respectfully submitted, TAUBE SUMMERS HARRISON TAYLOR MEINZER BROWN LLP By: /s/ Cleveland R. Burke Mark C. Taylor State Bar No. 19713225 Cleveland R. Burke State Bar No. 24064975 100 Congress Avenue, 18 th Floor Austin, Texas 78701 (512) 472-5997 (512) 472-5248 (FAX) mtaylor@taubesummers.com cburke@taubesummers.com ATTORNEYS FOR DENNIS ANTOLIK AND CHEVAL MANOR, INC.
CERTIFICATE OF CONFERENCE I hereby certify that I conferred via email with Appellee Victor Antolik’s
attorney Jack Bacon and Appellants’ attorneys Kemp Gorthey and Peyton Smith,
all of whom agreed to the relief sought in this motion.
/s/ Cleveland R. Burke Cleveland R. Burke *4 CERTIFICATE OF SERVICE I hereby certify that the counsel listed below were served with a true and
correct copy of the foregoing motion via eFile.TXCourts.gov on December 1,
2015:
Kemp Gorthey Jack Bacon
The Gorthey Law Firm 3839 Bee Caves Rd., Ste. 100
604 W. 12 th Street Austin, Texas 78746
Austin, Texas 78701 hotbacon@me.com
kemp@gortheylaw.com Counsel for Appellee Victor Antolik
Counsel for Appellants Garrett Jennings
and Castle Crown Management, LLC
Peyton N. Smith
Brian L. King
Reed & Scardino LLP
301 Congress Avenue, Suite 1250
Austin, Texas 78701
psmith@reedscardino.com
bking@reedscardino.com
Counsel for Appellant
Victory Cheval Holdings, LLC
/s/ Cleveland R. Burke Cleveland R. Burke