Case Information
*0 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 07/14/2015 10:55:30 AM KEITH E. HOTTLE Clerk *1 ACCEPTED 04-15-00005-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 7/14/2015 10:55:30 AM KEITH HOTTLE CLERK NO. 04-15-00005-CV IN THE COURT OF APPEALS
FOURTH COURT OF APPEALS DISTRICT
SAN ANTONIO, TEXAS I N RE E STATE OF J ACK H IROMI I KENAGA , S R ., D ECEASED
O N A PPEAL FROM THE P ROBATE C OURT N O . 1, B EXAR C OUNTY , T EXAS
C AUSE N O . 2011PC4330 UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO
FILE APPELLEES’ BRIEF TO THE HONORABLE FOURTH COURT OF APPEALS:
Appellees Jack Ikenaga, Jr., William D. Bailey, Temporary
Administrator or the Estate of Jack Ikenaga Jr., Nancy Sumners, Christine
Ikenaga, Patrick Gasiorowski, and Eric J. Goodman respectfully present this
unopposed first motion to extend time in which to file their Appellees’ Brief
pursuant to Texas Rule of Appellate Procedure 38.6. No previous motions for
extension of time to file the Appellees’ Brief have been filed. In support of this
motion, Appellees would show the Court as follows:
I.
Following two extensions, Appellant timely filed her principal brief on
June 24, 2015. As a result, Appellees’ Brief is currently due on July 24,
2015. Appellees intend to file a single brief, and that brief will be drafted
principally by the undersigned. Because of the events and matters
described more fully below, Appellees request an extension of an additional
45 days in which to file their Appellees’ Brief or until September 8, 2015.
II.
The requested extension is necessary because the following matters
have prevented the undersigned from completing the Appellees’ Brief and
will preclude the undersigned from doing so sooner than September 8,
2015:
1. The undersigned was required to prepare the Appellants’ Brief
in Dennis Rayner and Joe Tex Xpress, Inc. v. Krista Dillon , No. 06-15-00009-CV, which is currently due on July 17, 2015;
2. The undersigned was required to attend mediation in Tyler,
Texas relating to Dennis Rayner and Joe Tex Xpress, Inc. v.
Krista Dillon , No. 06-15-00009-CV;
3. The undersigned prepared and revised post-judgment filings in
Robertson Electric, Inc. v. Select Building Systems, Inc. et al. ,
No. 13-212, in the 216 th District Court, Kendall County, Texas;
4. The undersigned has been ordered to file a response to the
petitioners’ motion for rehearing in City of Houston and Daniel W. Krueger, in His Official Capacity as Director of Public
Works & Engineering v. Little Nell Apartments, LP et al. , No
14-0473, in the Texas Supreme Court; and
5. The undersigned has been out of the office attending meetings
associated with his service as President-elect of the Texas Young Lawyers Association.
For all of the reasons explained above, counsel for Appellees cannot
complete the Appellees’ Brief by its current due date of July 24, 2015, and
needs an additional 45 days in which to do so.
III.
On July 7, 2015, the undersigned conferred with David McLane,
counsel for Appellant. Mr. McLane indicated that Appellant would not
oppose this motion.
WHEREFORE, PREMISES CONSIDERED, Appellees respectfully
request that this Court grant their motion for extension of time in which to
file their Appellees’ Brief, extend the deadline in which to file the brief an
additional 45 days up to and including September 8, 2015, and grant such
other and further relief to which Appellees may be justly and equitably
entitled.
Respectfully submitted, /s/ Samuel V. Houston, III SAMUEL V. HOUSTON, III State Bar No. 24041135 HOUSTON DUNN, PLLC 4040 Broadway, Suite 440 San Antonio, Texas 78209 Telephone: (210) 775-0882 Facsimile: (210) 826-0075 sam@hdappeals.com SHELAYNE CLEMMER State Bar No. 24044733 KEVIN M. YOUNG State Bar No. 22199700 PRITCHARD, HAWKINS, MCFARLAND & YOUNG, LLP 10101 Reunion Place, Suite 600 San Antonio, Texas 78216 Telephone: (210) 477-7400 Facsimile: (210) 477-7450 sclemmer@phymy.com kyoung@phmy.com MARK STANTON SMITH State Bar No. 18649100 HEARD & SMITH, L.L.P. 3737 Broadway, Suite 310 San Antonio, Texas 78209 Telephone: (210) 820-3737 Facsimile: (210) 820-3777 atysmith@heardandsmith.com ATTORNEYS FOR APPELLEES *5 CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the foregoing motion
has been served on the following counsel in accordance with the Texas Rules
of Appellate Procedure, on this 14th day of July, 2015:
David L. McLane via email/eservice
Attorney at Law
9901 IH-10 West, Ste. 695
San Antonio, Texas 78230
dlmclanelaw@yahoo.com
Roger L. McCleary via email/eservice
Beirne, Maynard & Parsons, L.L.P.
1300 Post Oak Blvd., Ste. 2500
Houston, Texas 77056
rmcleary@bmpllp.com
/s/ Samuel V. Houston, III SAMUEL V. HOUSTON, III