Case Information

*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 8/26/2015 1:54:58 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00617-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 8/26/2015 1:54:58 PM CHRISTOPHER PRINE CLERK No. 01-15-00617-CV __________________________________________

IN THE FIRST COURT OF APPEALS

AT HOUSTON, TEXAS _______________________________________ OB D EUELL ,

Appellant, v.

T EXAS R IGHT TO L IFE C OMMITTEE , I NC .,

Appellee.

_____________________________________________________

On Interlocutory Appeal from the 152nd District Court, Harris County, Texas.

__________________________________________________________

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE

APPELLEE’S BRIEF _______________________________________________________________

TO THE HONORABLE FIRST COURT OF APPEALS:

Appellee, Texas Right to Life Committee, Inc., files this Unopposed Motion

for Extension of Time to File Appellee’s Brief, and would show the Court as

follows:

1. The current due date for Appellee to file its Brief is Monday,

September 14, 2015. Appellee requests an extension of 20 days to file its Brief, to

and including Monday, October 5, 2015 .

2. This is the first request by Appellee for additional time to file its

Brief. This Motion is timely pursuant to T . P. 38.6(d).

3. The requested extension of 20 days is necessary because the

undersigned counsel is substantially involved in the following other matters:

No. 01-15-00583-CV; The Honorable Mark Henry, County

Judge of Galveston County v. The Honorable Lonnie Cox, In

the First Court of Appeals (preparation of an appellant’s brief

due September 4);

No. 14-0987; Michael Quinn Sullivan v. Salem Abraham; In the

Supreme Court of Texas (preparation of a reply brief on the

merits due September 4).

4. The requested extension of time is not made for delay, but only so that

justice may be done.

5. These facts are within the personal knowledge of the undersigned

counsel. Therefore, a verification is not necessary. T . P. 10.2.

6. For all of these reasons, Appellee respectfully asks the Court to grant

this unopposed Motion for additional time of 20 days to file its Appellee’s Brief, to

and including Monday, October 5, 2015.

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CERTIFICATE OF CONFERENCE

In accordance with T . P. 10.1(a)(5), the undersigned counsel for

Appellant communicated with Mr. Scott Tschirhart, counsel for Appellant, who

indicated Appellant is unopposed to this Motion being granted.

/s/ N. Terry Adams, Jr. N. Terry Adams, Jr. WHEREFORE, PREMISES CONSIDERED Appellee, Texas Right to Life

Committee, Inc., respectfully requests the Court to grant this Unopposed Motion

for Extension of Time to File its Appellee’s Brief for 20 days, to and including

Monday, October 5, 2015. Appellee additionally prays for such other and further

relief to which it may be justly entitled.

Respectfully submitted, EIRNE , M AYNARD & P ARSONS , L.L.P. By: /s/ N. Terry Adams, Jr . N. Terry Adams, Jr. Texas Bar No. 00874010 tadams@bmpllp.com Joseph M. Nixon Texas Bar No. 15244800 jnixon@bmpllp.com 1300 Post Oak Blvd, Suite 2500 Houston, Texas 77056 (713) 623-0887 (Tel.) (713) 960-1527 (Fax) *4 James E. “Trey” Trainor Texas Bar No. 24042052 ttrainor@bmpllp.com 401 W. 15 th Street, Suite 845 Austin, Texas 78701 (512) 623-6700 (Tel.) (512) 623-6701 (Fax) Counsel for Appellee CERTIFICATE OF SERVICE

I hereby certify that I have complied with the Texas Rules of Appellate

Procedure and the Local Rules of this Court and that the foregoing Motion has

been electronically filed and served on all counsel of record below in accordance

with these Rules on this the 26th day of August, 2015.

George E. Hyde

Scott M. Tschirhart

D ENTON N AVARRO R OCHA ERNAL H YDE & Z ECH , P.C.

2500 W. William Cannon Drive, Suite 609

Austin, Texas 78745

george.hyde@rampage-aus.com

scott.tschirhart@rampage-aus.com

Counsel for Appellant

/s/ N. Terry Adams, Jr. N. Terry Adams, Jr. 2