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Phillippe Tanguy, 13500 Air Express, L.L.C. and 13500 Air Express, L.P., and PTRE Holdings. L.P. v. William G. West, as Chapter 7 Trustee of Richard Davis, Debtor, and Eva S. Engelhart, Receiver
01-14-00455-CV
| Tex. App. | Jan 22, 2015
|
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Case Information

*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 1/22/2015 7:03:06 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-14-00455-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 1/22/2015 7:03:06 PM CHRISTOPHER PRINE CLERK NO. 01-14-00455-CV (APPEAL NO. 1; APPEAL NO. 2; AND APPEAL NO. 3)

_________________________________________________________________

IN THE COURT OF APPEALS

FOR THE FIRST SUPREME JUDICIAL DISTRICT OF TEXAS

AT HOUSTON, TEXAS _________________________________________________________________

PHILIPPE TANGUY, 13500 AIR EXPRESS, L.L.C., AND

13500 AIR EXPRESS, L.P.,

Appellant/Defendant, VS.

PTRE HOLDINGS, L.P. Appellant/Intervenor, VS.

WILLIAM G. WEST, AS CHAPTER 7 TRUSTEE OF RICHARD DAVIS, DEBTOR

Appellee/Plaintiff.

_________________________________________________________________

APPELLANTS' MOTION TO ENLARGE TIME WITHIN WHICH TO FILE

REPLY BRIEF _________________________________________________________________

TO THE HONORABLE JUSTICES OF SAID COURT OF APPEALS:

COME NOW, the Appellants, Philippe Tanguy ("TANGUY"), 13500 Air

Express, LLC, 13500, Air Express, LP, ("13500") and PTRE Holdings,

L.P. ("PTRE"), and file this Motion to Enlarge Time Within Which

to File their Reply Brief and, in support of this motion, would show

the Court the following:

1. The Opening Brief by Appellants and Response Brief by Appellee

were timely filed. The Appellants' Reply Brief is due to be filed

on January 22, 2015.

2. However, Appellants' counsel, Joe Alfred Izen, Jr., has been

ill since January 11, 2015 with fever and inflammatory symptoms.

Izen tried to keep working on the Reply Brief over the time he was

suffering these increased symptoms, and hoped to complete and file

it by January 22, 2015.

3. Izen became worse and developed an increased fever which went

up to 101 degrees on Wednesday, January 21, 2015. Izen has been

unable to walk without crutches for the past ten (10) days.

4. Appellants' counsel hopes to recover from his illness and

complete the reply brief within two weeks. Izen has scheduled an

appointment with his internist, Dr. Wm. E. Obernour, on Friday,

January 23, 2015 to undergo further evaluation and treatment.

5. This enlargement of time is sought not for the purposes of

delay only, but so that Justice may be done. Counsel's medical

condition has made a request for enlargement necessary.

6. Appellants sought one previous enlargement on this appeal

to file his original brief. Appellants filed their Opening Brief

within the enlargement granted by this Court.

7. No other enlargement of time to file the Reply Brief has been

sought or granted.

WHEREFORE, ABOVE PREMISES CONSIDERED, Appellants move this Court

to entertain this Motion and, after due consideration of same, that

this Court enter an Order: (1) Enlarging the time within which

Appellants may file their Reply Brief with this Court to and until

February 5, 2015; and (2) Granting Appellants such other and further

relief, both in law and in equity, to which they may show themselves

to be justly entitled.

Respectfully submitted, s/Joe Alfred Izen, Jr. __________________________ Joe Alfred Izen, Jr. TBC # 10443500 5222 Spruce Street Bellaire, Texas 77401 (713) 668-8815 (713) 668-9402 FAX jizen@comcast.net Attorney for Appellants Philippe Tanguy, 13,5000 Air Express L.P. And 13,500 Air Express L.L.C. ____________________________ TBC # 10443500 5222 Spruce Street Bellaire, Texas 77401 (713) 668-8815 (713) 668-9402 FAX jizen@comcast.net Attorney for Appellant PTRE Holdings, L.P.

CERTIFICATE OF CONFERENCE

Mr. Wolfshol was contacted via email and gave no position although

he did send a "read receipt acknowledgement" of the email.

s/Joe Alfred Izen, Jr. _______________________ CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing document

was sent to Joshua W. Wolfshohl, Porter and Hedges, 1000 Main Street,

36th Floor, Houston, TX 77002, (713) 226-6231 FAX by eservice

transmission and/or U.S. Mail, postage prepaid, on January 22, 2015.

_______________________________ Joe Alfred Izen, Jr.

TANGWESTA.M2E/TK471

VERIFICATION STATE OF TEXAS )

)

COUNTY OF HARRIS )

BEFORE ME, the undersigned authority, on this day personally

appeared Joe Alfred Izen, Jr., known to me to be the attorney for

Appellants, who after being by me duly sworn, on his oath, did depose

and testify that he had read the foregoing document, that all of

the facts stated therein are true and correct and within his own

personal knowledge.

_______________________________ SUBSCRIBED AND SWORN TO on this the 22nd day of January, 2015,

to certify which witness my hand and seal of office.

s/Karen Cooley ______________________________ Public In and For The State of Texas My commission expires:

6-21-2018 SEAL

______________________

Case Details

Case Name: Phillippe Tanguy, 13500 Air Express, L.L.C. and 13500 Air Express, L.P., and PTRE Holdings. L.P. v. William G. West, as Chapter 7 Trustee of Richard Davis, Debtor, and Eva S. Engelhart, Receiver
Court Name: Court of Appeals of Texas
Date Published: Jan 22, 2015
Docket Number: 01-14-00455-CV
Court Abbreviation: Tex. App.
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