Case Information

*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 11/9/2015 4:13:50 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-14-00104-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 11/9/2015 4:13:50 PM CHRISTOPHER PRINE CLERK IN THE COURT OF APPEALS

FIRST DISTRICT OF TEXAS AT HOUSTON

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NO. 01-14-00104-CV

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WHITE LION HOLDINGS, L.L.C.

Appellant

vs.

THE STATE OF TEXAS

Appellee

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On Appeal from

The 98 th District Court of Travis County, Texas

Trial Court No. D-1-GV-06-000627 and D-1-GV-13-001068

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APPELLANT’S SECOND UNOPPOSED

MOTION FOR EXTENSION OF TIME TO FILE

MOTION FOR REHEARING AND REHEARING EN BANC Jacqueline Lucci Smith Joan Lucci Bain

TBA #: 00786073 TBA #: 01548020

L UCCI S MITH L AW PLLC B AIN & B AIN PLLC

10810 Katy Freeway, Suite 102 10810 Katy Freeway, Suite 102

Houston, Texas 77043 Houston, Texas 77043

Tel.: 832-494-1700 Tel.: 713-629-6222

Email: JLS@LucciSmithLaw.com JBain@BainandBainlaw.net

TO THE HONORABLE JUSTICES OF THE FIRST COURT OF APPEALS:

Appellant, White Lion Holdings, LLC brings this motion for extension of time

to file Motion for Rehearing and Motion for Rehearing En Banc seeking an

extension of one week in which to file the motion. The extension is not sought for

delay, but so that justice may be done.

A. September 24, 2015, this Court issued a revised opinion and revised

judgment.

B. The current deadline for filing the Motion for Rehearing and Motion for is November 9, 2015.

C. This Court granted two extensions for Motions for Rehearing from its

Opinion dated April 9, 2015.

D. The Court granted one previous extension for filing a motion for rehearing

regarding the September 24, 2015 opinion.

E. Appellant seeks a short extension of one week, until November 16, 2015.

F. An extension is needed for the following reasons:

a. Appellant’s counsel, Joan Lucci Bain, was preferentially set for trial

last week and was unable to work on the brief.

b. Appellant’s counsels’ brother, who is in the military and stationed

in Japan, surprised the family with a visit last week. This was his

first visit home in over a year and most of the weekend was spent

with family.

WHEREFORE, PREMISES CONSIDERED, Appellant respectfully requests

this Court grant an extension of one week to file the Motion for Rehearing and .

Respectfully Submitted, L UCCI S MITH L AW PLLC By: /s/ Jacqueline Lucci Smith

Jacqueline Lucci Smith TBA #: 00786073 10810 Katy Freeway, Suite 102 Houston, Texas 77043 Tel.: 832-494-1700 Email: JLS@LucciSmithLaw.com And

B AIN & B AIN PLLC Joan Lucci Bain TBA #: 01548020 10810 Katy Freeway, Suite 102 Houston, Texas 77043 Tel.: 713-629-6222 Email: JBain@BainandBainlaw.net *4 VERIFICATION

I declare under penalty of perjury that the facts contained within the foregoing

Motion for Extension of Time to file Motion for Rehearing and Motion for are within my knowledge and are true and correct.

/s/ Jacqueline Lucci Smith Jacqueline Lucci Smith CERTIFICATE OF CONFERENCE

I, undersigned counsel of record, certify that I conferred with Craig

Pritzlaff, counsel for Appellee, on November 9, 2015 and that he is not opposed to

the granting of this extension.

/s/ Jacqueline Lucci Smith Jacqueline Lucci Smith Ja CERTIFICATE OF SERVICE

I certify that a copy of this Notice of Appearance of Counsel was served on

counsel for the State, Craig Pritzlaff, by email on November 9, 2015.

/s/ Jacqueline Lucci Smith Jacqueline Lucci Smith