Case Information

*0 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 9/28/2015 1:28:29 PM KEITH E. HOTTLE Clerk *1 ACCEPTED 04-15-00260-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 9/28/2015 1:28:29 PM KEITH HOTTLE CLERK

NO. 04-15-00260-CV IN THE COURT OF APPEALS

FOURTH COURT OF APPEALS DISTRICT

SAN ANTONIO, TEXAS K AFAI L EE

V .

K ENNETH L AU , C ONNIE A NDREWS , C HINA R OSE M ANAGEMENT , LLC,

AND C HINA R OSE , L TD .

O N A PPEAL FROM THE 45 TH D ISTRICT C OURT , B EXAR C OUNTY , T EXAS

C AUSE N O . 2012-CI-12940 UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO

FILE APPELLEES’ BRIEFS TO THE HONORABLE FOURTH COURT OF APPEALS:

Appellees Kenneth Lau, Connie Andrews, China Rose Management,

LLC, and China Rose, Ltd. respectfully present this unopposed first motion to

extend time in which to file their Appellees’ Briefs pursuant to Texas Rule of

Appellate Procedure 38.6. No previous motions for extension of time to file

the Appellees’ Briefs have been filed. In support of this motion, Appellees

would show the Court as follows:

I.

Appellees’ Briefs are currently due on October 5, 2015. Because of the

events and matters described more fully below, Appellees request an

extension of an additional 30 days in which to file their Appellees’ Briefs or

until November 4, 2015.

II.

The requested extension is necessary because the following matters

have prevented the undersigned from completing the Appellees’ Briefs and

will preclude the undersigned from doing so sooner than November 4,

2015:

1. The undersigned drafted and filed the appellees’ brief in In re

Jack Ikenaga, Sr., Deceased , No. 04-15-00005-CV, which was due on September 23, 2015;

2. The undersigned is lead appellate counsel in Trent Lindig v.

Pleasant Hill Rocky Community Club , No. 03-15-00051-CV and is preparing a motion for rehearing, which is due on October 14,

2015;

3. The undersigned is lead appellate counsel in Hindes v. La Salle

County , No. 04-14-00651-CV and is preparing a motion for

rehearing, which is due on October 12, 2015;

4. The undersigned is lead appellate counsel in In re High

Performance Ropes of America et al. , No. 15-0422 and is

preparing a reply brief in support of petition for writ of

mandamus; and

5. Sylvan Lang, Jr. is out of the office attending depositions during

the week of September 28, 2005, is attending hearings in Dallas

and Corpus Christi during the week of October 12, 2015, and is scheduled to begin trial on October 26, 2015.

For all of the reasons explained above, counsel for Appellees cannot

complete the Appellees’ Briefs by their current due date of October 5, 2015,

and need an additional 30 days in which to do so.

III.

On September 21, 2015, the undersigned conferred with Todd A.

Prins, counsel for Appellant. Mr. Prins 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’ Briefs, extend the deadline in which to file the brief an

additional 30 days up to and including November 4, 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

SYLVAN S. LANG, JR.

State Bar No. 11898700

LANG LAW FIRM, P.C.

13409 N.W. Military Hwy., Suite 210

San Antonio, Texas 78231

Telephone: (210) 479-8899

Facsimile: (210) 479-0099

sylvan@langfirm.com

THOMAS G. KEMMY

State Bar No. 11254600

LAW OFFICES OF THOMAS G.

KEMMY

332 W. Woodlawn Ave.

San Antonio, Texas 78212

Telephone: (210) 735-2233

Facsimile: (210) 736-9025

tkemmy@sbcglobal.net

ATTORNEYS FOR APPELLEES

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 28th day of September, 2015:

Todd A. Prins via email/eservice

PRINS LAW FIRM

4940 Broadway, Ste. 108

San Antonio, Texas 78209

Email: taprins@prinslaw.com

/s/ Samuel V. Houston, III

SAMUEL V. HOUSTON, III