Case Information

*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 5/21/2015 11:02:28 AM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00001-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 5/21/2015 11:02:28 AM CHRISTOPHER PRINE CLERK

No. 01-15-00001-CV

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IN THE FIRST COURT OF APPEALS AT HOUSTON

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PAPPAS RESTAURANTS, INC., and

PAPPAS BAR-B-Q, INC.,

Appellants ,

THE STATE OF TEXAS,

Appellee.

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APPELLANTS’ UNOPPOSED MOTION

FOR EXTENSION OF TIME TO FILE REPLY BRIEF

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Trial Court Cause No. 1043062

On Appeal from County Civil Court at Law Number Four of Harris County, Texas

The Honorable Roberta Lloyd, Presiding

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TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

Pursuant to Rule 10.5(b) and 38.6(d) of the Texas Rules of Appellant

Procedure, Pappas Restaurants, Inc. and Pappas Bar-B-Q, Inc. (collectively

Appellants) file this Unopposed First Motion for Extension of Time to File Reply

Brief, and would show the Court as follows:

1. The trial court signed the Judgment in Absence of Objection on

October 29, 2014. Appellants’ motions for new trial were denied on November 21,

2014. On December 29, 2014, Appellants filed their Notice of Appeal.

2. The Clerk’s record was filed on January 14, 2015, within 2 weeks of

the filing of the Notice of Appeal. There is no reporter’s record.

3. The Brief of Appellants was filed on March 16, 2015. The State of

Texas filed its Brief of Appellee on May 18, 2015. Appellants’ Reply Brief is

currently due on June 8, 2015.

4. This is the first motion for extension of time to file Reply Brief of

Appellants. By this Motion, Appellants are requesting a 20-day extension of time

to file the Reply Brief, making the Reply Brief due on June 29, 2015. (The 20 th

day falls on Sunday, June 28, 2015.) Appellants request this extension because the

counsel for Appellants who are primarily in charge of drafting the Reply Brief

have scheduled vacations which will prevent them from filing the brief on time.

Don Griffin has vacation scheduled from May 18 through May 25, 2015, and

Catherine Smith has vacation scheduled June 8 through June 14.

6. Appellee the State of Texas is not opposed to this Motion.

For these reasons, Appellants pray that the Court grant this Motion and

extend the time for filing the Reply Brief of Appellants to and including June 29,

2015. Appellants pray for such other and further relief to which they may be justly

entitled.

Respectfully submitted,

VINSON & ELKINS L.L.P.

/s/ Don C. Griffin

H. Dixon Montague

State Bar No. 14277700

dmontague@velaw.com

Don C. Griffin

State Bar No. 08456975

dgriffin@velaw.com

Catherine B. Smith

State Bar No. 03319970

csmith@velaw.com

1001 Fannin Street, Suite 2500

Houston, Texas 77002-6760

Telephone: 713.758. 3508

Facsimile: 713.615. 5985

Attorneys for Appellant Pappas

Restaurants, Inc.

/s/ Anna Sabayrac Marchand

Anna Sabayrac Marchand

State Bar No. 24060543

amarchand@pappas.com

Frank Markantonis

State Bar No. 12986700

13939 Northwest Freeway, Suite 100

Houston, Texas 77040

Telephone: (713) 863-0611

Facsimile: (713) 863-0523

Attorneys for Appellant Pappas

BAR-B-Q, Inc.

CERTIFICATE OF CONFERENCE

I hereby certify that on May 21, 2015, I conferred with Cristina Vudhiwat of

the Attorney General’s Office on behalf of the Appellant, the State of Texas via

email, and she indicated that the State was not opposed to this motion.

/s/ Catherine B. Smith

Catherine B. Smith

CERTIFICATE OF SERVICE

The undersigned certifies that on May 21, 2015, the foregoing Unopposed

First Motion for Extension of Time to File Reply Brief was served electronically

on the following parties in accordance with the requirements of the Texas Rules of

Appellate Procedure:

Cristina Vudhiwat Via E-Filing

cristina.vudhiwat@texasattorneygeneral.gov

Assistant Attorney General

Office of the Attorney General

P. O. Box 12548

Austin, Texas 78711-2548

Telephone: 512.463.2004

Attorneys for Appellee The State of Texas

/s/ Catherine B. Smith

Catherine B. Smith

US 3534030v.1