Case Information

*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 2/5/2015 5:08:39 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-14-00992-cv FIRST COURT OF APPEALS HOUSTON, TEXAS 2/5/2015 5:08:39 PM CHRISTOPHER PRINE CLERK No. 01-14-00992-CV In the First District Court of Appeals at Houston Jordan and Associates, Appellant V.

Lisa Wells, Appellee Appeal from the 506th judicial District Court

Grimes County, Texas, Hon. Albert McCaig, Presiding

APPELLANT'S MOTION FOR EXTENSION OF TIME

Appellant moves for a 30-day extension of time to file its Briefs so

that their Briefs are timely filed if filed on or before March 9, 2015.

1. The deadline to file Appellant's Brief is February 5, 2015. Appellant

has not sought a previous extension of this deadline.

2. Appellant requests a 30-day extension so that its Brief is timely filed

if filed on or before March 9, 2015 (pursuant to TEX. R. APP. PROC. 4.1(a)). Appellant's counsel conferred/attempted to confer with Appellee's

counsel. Counsel for Appellant left a detailed voicemail regarding the

proposed 30-day extension of time to file Appellant's Brief. As of the filing

of this motion, Appellant has not received a response from counsel for

Appellee. As such, it is not known whether Appellee is opposed or

unopposed to the requested extension. Facts Relied on to Reasonably Explain the Need for an Extension

Counsel for Appellee has begun the preparation of the Response

Brief in earnest. However, Appellee's counsel has been responsible for:

• Preparing the brief of Nationwide Mutual

Insurance Company on a matter of first

impression in Texas relating to the application

of Texas Civil Practices and Remedies Code §

150.002 - et. seq., in case number 02-14-00332-

CV, styled Childress Engineering Services, Inc. v.

Nationwide Mutual Insurance Company, and

pending in the Fort Worth Court of Appeals;

• Preparing for and attending oral arguments

on a matter of first impression in Texas

relating to the application of Texas Civil

Practices and Remedies Code § 150.002 - et.

seq., in case number 02-14-00332-CV, styled

Childress Engineering Services, Inc. v.

Nationwide Mutual Insurance Company, and

pending in the Fort Worth Court of Appeals;

• Drafting, finalizing, and filing the motion for

summary judgment brief and reply brief in

civil case number 3:14-CV-03314-K, styled

Ascendant Renewable Energy Corp. v. Tang

Energy Group, Ltd, et. al., and pending in the

United States District Court for the northern

District of Texas - Dallas Division;

Preparing and finalizing numerous motions in

arbitration number 01-14-0001-4150, styled

Tang Energy group, Ltd. et. al., v. CATIC USA,

Inc. et, al., and pending before the American

Arbitration Association International Centre

for Dispute Resolution in New York, New

York;

>- Preparing and finalizing several motions for

summary judgment motions, summary

judgment response motions, and sur-reply

motions in cause number CC-11-07735-E,

styled Alma Rosa Matias, et al. v. Exco Operating

Company, L.P. et, al., v. Exco Resources, Inc., et.

al., v. Basic Energy Services, L.P., and pending

in the County Court at Law Number 5 for

Dallas County;

Attending an all-day mediation in Bryan,

Texas in cause number PI-13-125, styled

Thomas Ray Sanders v. Donnie Grimes, and

pending in the 125th Judicial District Court in

Leon County; and

Handling various personal and professional

responsibilities, including those attendant to

being the managing partner of Walters, Balido

& Crain, L.L.P.; and

5. These reasons constitute good cause to justify an extension of the

briefing deadline. A reasonable cause justifying an extension of time in this

context has been described as "any plausible statement of circumstances

indicating the failure to file within the [briefing] period was not deliberate

or intentional." Hone v. Hanafin, 104 S.W.3d 884, 886 (Tex. 2003). The

unfortunate circumstances surrounding counsel's practice demonstrates

that any failure to complete the Brief on time was not deliberate or

intentional. This Motion is not sought solely for delay but so that justice may be

served.

Wherefore, Appellant prays that the Court grant its requested 30-day

extension to file its Brief so that the Court deems the Brief timely filed if

filed on or before March 9, 2015, and for such other relief to which they

may be entitled.

Respectfully submitted, /s/Gregory W. Ave

GREGORY R. AVE State Bar No. 01448900 greg.ave@wbclawfirm.com Walters, Balido & Crain, L.L.P. Meadow Park Tower, 15th Floor 10440 N. Central Expressway Dallas, Texas 75231 (214) 342-8310 - Telephone (214) 342-8311 - Facsimile *5 COUNSEL FOR APPELLANT JORDAN AND ASSOCIATES Certificate of Service On February 5, 2015, I served Appellant's Motion for Extension of

Time on all counsel of record by email as well as through the e-filing

system.

/s/Gregory W. 'lye GREG R. AVE