Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 9/3/2015 2:40:07 PM JEFFREY D. KYLE Clerk NO. 03-15-00051-CV THIRD COURT OF APPEALS 9/3/2015 2:40:07 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00051-CV *1 ACCEPTED [6786734] CLERK IN THE COURT OF APPEALS THIRD COURT OF APPEALS DISTRICT AUSTIN, TEXAS T RENT L INDIG , Appellant v.
P LEASANT H ILL R OCKY C OMMUNITY C LUB Appellee O N A PPEAL FROM THE 33 RD D ISTRICT C OURT , B LANCO C OUNTY , T EXAS
H ONORABLE J. A LLAN G ARRETT P RESIDING C AUSE N O . CV07580 UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO
FILE MOTION FOR REHEARING TO THE HONORABLE THIRD COURT OF APPEALS:
Appellant respectfully presents this unopposed first motion to extend
the time in which to file a motion for rehearing pursuant to Texas Rule of
Appellate Procedure 49.8. No previous motions for extension of time to file a
motion for rehearing have been filed. In support of this motion, appellant
would show the Court as follows:
I.
Appellant’s motion for rehearing is currently due on September 14,
2015. Because of the events and matters described more fully below,
appellant requests an extension of an additional 30 days in which to file the
motion for rehearing or until October 14, 2015.
II.
The requested extension is necessary because the following matters
have prevented the undersigned from completing the motion for rehearing
and will preclude the undersigned from doing so sooner than October 14,
2015:
1. The undersigned is preparing the appellees’ brief in In re Jack
Ikenaga, Sr., Deceased , No. 04-15-00005-CV, which is
currently due on September 23, 2015;
2. The undersigned is lead appellate counsel in Hindes v. La Salle
County , No. 04-14-00651-CV and is evaluating a motion for rehearing and motion for rehearing en banc following the court
of appeals’ August 26, 2015 opinion;
3. The undersigned is reviewing and revising motions for
summary judgment in George L. Hachar, Sr. , No. 2010-CI-
18274, in the 407 th Judicial District Court, Bexar County, Texas;
and
4. The undersigned has a pre-planned vacation scheduled and will
be out of state from September 4, 2015 through September 7,
2015; and
5. The undersigned has been required to attend out-of-town
meetings from September 10, 2015 through September 13,
2015, in connection with his service on the State Bar of Texas
Executive Committee and as President-elect of the Texas Young
Lawyers Association.
For all of the reasons explained above, counsel for appellant cannot
complete the motion for rehearing by its current due date of September 14,
2015, and needs an additional 30 days in which to do so.
III.
On September 2, 2015, the undersigned conferred with Jeff Small,
lead appellate counsel for appellee. Mr. Small indicated that this motion
would not be opposed.
WHEREFORE, PREMISES CONSIDERED, appellant respectfully
requests that this Court grant his motion for extension of time in which to file
the motion for rehearing, extend the deadline in which to file the motion an
additional 30 days up to and including October 14, 2015, and grant such
other and further relief to which appellants may be justly and equitably
entitled.
Respectfully submitted, /s/ Samuel V. Houston, III SAMUEL V. HOUSTON, III State Bar No. 24041135 Direct Line: (210) 775-0882 HOUSTON DUNN, PLLC 4040 Broadway, Suite 440 San Antonio, Texas 78209 Telephone: (210) 775-0880 Fax: (210) 826-0075 sam@hdappeals.com ATTORNEY FOR APPELLANTS *4 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 3rd day of September, 2015:
Jeff D. Small Via email/e-service
L AW O FFICE OF J EFF S MALL
12451 Starcrest Dr. #100
San Antonio, Texas 78216
jdslaw1951@gmail.com
Norman L. Nevins Via email/e-service
T HE N EVINS L AW F IRM
206 West Main Street
Fredericksburg, Texas 78624
nnevinslaw@yahoo.com
/s/ Samuel V. Houston, III SAMUEL V. HOUSTON, III