Case Information
*0 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 2/3/2015 4:32:36 PM KEITH E. HOTTLE Clerk *1 ACCEPTED 04-14-00641-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 2/3/2015 4:32:36 PM KEITH HOTTLE CLERK NO. 04-14-00641-CV ______________________________________________________________
IN THE COURT OF APPEALS FOR THE FOURTH DISTRICT OF TEXAS AT SAN ANTONIO, TEXAS ______________________________________________________________
ROBERT MARX AND DEBBIE MARX, Appellants, V.
FDP, LP,
Appellee.
______________________________________________________________ st
On Appeal From the 81 Judicial District Court of Wilson County, Texas, Trial Court Cause No. 12-03-0101-CVW ______________________________________________________________
APPELLEE’S UNOPPOSED FIRST MOTION FOR
EXTENSION OF TIME TO FILE APPELLEE’S BRIEF
______________________________________________________________
TO THE HONORABLE FOURTH COURT OF APPEALS:
Appellee FDP, LP (“Appellee”) files this Unopposed First Motion For
Extension Of Time To File Appellee’s Brief and would show as follows:
1. The brief of appellee is due to be filed on or before Monday,
February 9, 2015. Appellee requests an extension of time of 30 days to file
the appellee’s brief to Wednesday, March 11, 2015.
2. This motion is unopposed.
3. The trial court signed the final judgment in this case on August 11,
2014. Appellants served their notice of appeal on September 4, 2014. The
clerk's record was filed on October 9, 2014, and supplemental clerk’s records
were filed on October 16, 2014, and October 28, 2014. There is no reporter’s
record in this case. After an extension of time to file their brief, the brief of
appellants was filed on January 9, 2015. Appellee’s brief is due to be filed on
or before February 9, 2015.
4. Appellee requests a 30 day extension of time to Wednesday,
March 11, 2015, to file its brief of appellee for the reasons stated herein. This
request for extension of time is unopposed.
5. Vincent Lee Marable III is lead appellate counsel for Appellee. Mr.
Marable needs the additional time due to conflicting appellate and trial
commitments in other cases as described below:
a. Mr. Marable is lead appellate counsel for the appellants in
Appeal No. 14-14-00384-CV; Ajaz R. Siddiqui, Najeeb
Siddiqui, and Suncoast Environmental and Construction,
Inc. v. Farhan S. Qureshi; and Syed Khalid Ali; In the
Fourteenth Court of Appeals, Houston, Texas, which is an
appeal from a bench trial awarding actual and exemplary
damages. The record includes 26 volumes of trial exhibits.
After an extension of time, the brief of appellants was filed
on February 2, 2015. Mr. Marable has spent the better part
of January of 2015 completing the brief of appellants in the
above case.
b. Prepare response to plea in abatement and prepare for oral
hearing regarding same, prepare for and attend mediation
and prepare response to motions to quash subpoenas in
Cause No. 2014-67442; Joby A. Hughes, PLLC and Joby A.
Hughes v. W. Perry Zivley Jr., and Chandler, Mathis &
th Zivley, P.C.; In the 165 Judicial District Court of Harris
County, Texas, and in Cause No. CV-03577-14-11;
Chandler, Mathis & Zivley, P.C. and W. Perry Zivley, Jr. v.
Joby A. Hughes and Joby A. Hughes, PLLC; In the District
Court of Angelina County, Texas.
c. Attend to appellate issues, motion for new trial and
severance issues in Cause No. 12-13130-012-10;
Burlington Resources Oil & Gas Company LP v. Petromax
th Operating Co., Inc., et al.; In the 12 Judicial District Court
of Madison County, Texas.
For the foregoing reasons, Appellee requests that this Court grant this
unopposed extension of time to Wednesday, March 11, 2015, to file the
Appellee’s Brief.
Respectfully submitted, PAUL WEBB, P.C. trippmarable@sbcglobal.net State Bar No. 12961600 *4 221 N. Houston Wharton, Texas 77488 Telephone: (979) 532-5331 Telecopier: (979) 532-2902 GILBERT ADAMS LAW OFFICES /s/ Gilbert T. Adams, III GILBERT T. ADAMS, III gilbert@gta-law.com State Bar No. 00790201 1855 Calder Avenue at Third P. O. Drawer 3688 Beaumont, Texas 77704 Telephone: (409) 835-3000 Telecopier: (409) 832-6162 ATTORNEYS FOR APPELLEE FDP, LP *5 CERTIFICATE OF CONFERENCE Counsel for Appellee (Vincent L. Marable III) has discussed this
requested extension of time with counsel for Appellants (Kirk Dockery).
Counsel for Appellants is unopposed to the requested extension of time.
*6 CERTIFICATE OF SERVICE I certify that on February 3, 2015, a true and correct copy of the above
and foregoing Appellees Unopposed First Motion For Extension Of Time To
File Appellee’s Brief was forwarded to all counsel of record by the Electronic
Filing Service Provider, if registered; a true and correct copy of this document
was forwarded to all counsel of record not registered with an Electronic Filing
Service Provider by certified mail return receipt requested, addressed as
follows:
Kirk Dockery kirkdockery@gmail.com Scott R. Donaho srdonaho@floresville.net The Law Offices of Donaho & Dockery, P.C. P. O. Box 459 Floresville, Texas 78114 [ Counsel for Appellants Robert Marx and Debbie Marx ]