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)
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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.
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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
______________________
