Case Information
*0 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 12/3/2015 8:07:23 PM KEITH E. HOTTLE Clerk *1 ACCEPTED 04-15-00097-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 12/3/2015 8:07:23 PM KEITH HOTTLE CLERK NO. 04-15-00097-CV IN THE COURT OF APPEALS FOR THE FOURTH JUDICIAL DISTRICT OF TEXAS AT SAN ANTONIO BRIAN McENERY, Appellant, v.
CITY OF SAN ANTONIO AND CHIEF CHARLES N. HOOD,
Appellees. ON APPEAL FROM THE 285 JUDICIAL DISTRICT COURT BEXAR COUNTY, TEXAS TRIAL COURT NO. 2011-CI-06603 THE HONORABLE JUDGE CATHLEEN STRYKER PRESIDING
UNOPPOSED SECOND MOTION TO EXTEND TIME TO FILE
APPELLANT’S REPLY BRIEF TO THE HONORABLE JUSTICES OF THE COURT:
Under Texas Rules of Appellate Procedure 10.5(b)(1) and 38.6(d), Appellant
Brian McEnery, referred to as Appellant, respectfully moves the Court to extend the
time for filing Appellant’s Reply Brief. As good cause, Appellant respectfully shows
the Court the following:
1. On November 12, 2015, Appellant filed his initial Unopposed Motion to
Extend Time to File Appellant’s Reply Brief.
2. On November 19, 2015, the Court granted Appellant’s motion and extended
the time to file Appellant’s Reply Brief to December 9, 2015.
3. This is Appellant’s second request for an extension of time to file Appellant’s
Reply Brief. Appellant seeks this extension not solely for delay, but so that justice
may be done.
4. Appellant requests that the Court extend the time to file Appellant’s Reply
Brief for an additional twenty (20) days. An additional twenty (20) day extension
would make Appellant’s Reply Brief due on December 29, 2015.
5. In support of the requested extension, Appellant would show that counsel for
Appellant, Ronald B. Prince and Floyd Steven Contreras, had and have
commitments during the initial briefing period that required and require their time
and attention, interfering with the preparation of Appellant’s Reply Brief by the
current deadline.
These commitments include the following:
Trial in Cause No. 2014-CI-03115, In the Matter of the Marriage of Eric. C.
Mena and Marissa Ortiz Mena and In the Interest of Miguel Carlos Mena, Ileana
Isabel Mena, and Alejandro Andres Mena, Children , in the 285 Judicial District
Court in Bexar County, Texas, which Appellant referenced in his previous motion,
continued during the initial extended briefing period and did not conclude until
December 2, 2015.
As a result of the trial referenced above, counsel fell behind on numerous other
commitments in various cases that require attention.
In addition, counsel have numerous hearings in family law matters to attend
in various cases set in Presiding Civil District Court in Bexar County, Texas, from
December 4, 2015, through December 9, 2015.
Similarly, counsel are the attorneys in a criminal proceeding, specifically
Cause No. 457390, State of Texas v. Michael Anthony Gonzales, in County Court at
Law No. 15 in Bexar County, Texas, currently set for trial to begin on December 7,
2015.
6. The foregoing commitments and others during the initial extended briefing
period show a deviation from the normal press of business and good cause for the
additional requested extension of time.
7. As reflected in the Certificate of Conference below, counsel for Appellees
indicated that she is unopposed to this motion, and counsel for Intervenor indicated
that he is unopposed to this motion.
PRAYER WHEREFORE, PREMISES CONSIDERED, Appellant Brian McEnery
respectfully requests that the Court grant an additional twenty (20) day extension of
time to file Appellant’s Reply Brief, extending the time to file Appellant’s Reply
Brief until December 29, 2015.
Appellant further prays for such other relief to which he may be entitled.
Respectfully submitted, PRINCE CONTRERAS PLLC 417 San Pedro Avenue San Antonio, Texas 78212 Tel: (210) 227-7821 Fax: (210) 225-4469 info@princecontreras.com ATTORNEYS FOR BRIAN McENERY State Bar No. 16329300 ron@princecontreras.com FLOYD STEVEN CONTRERAS State Bar No. 24075339 floyd@princecontreras.com *5 CERTIFICATE OF CONFERENCE I certify that I conferred with Jacqueline M. Stroh, counsel for Appellees, via
email on December 3, 2015, regarding Appellant’s Second Motion to Extend Time
to File Appellant’s Reply Brief. Ms. Stroh indicated that she is not opposed to our
second request to extend time.
I also certify that I conferred with Ricky J. Poole, counsel for Intervenor, via
email on December 3, 2015, regarding Appellant’s Second Motion to Extend Time
to File Appellant’s Reply Brief. Mr. Poole indicated that he is not opposed to our
second request to extend time.
FLOYD STEVEN CONTRERAS *6 CERTIFICATE OF SERVICE I certify that on the 3 rd day of December, 2015, a true and correct copy of the
foregoing Appellant’s Second Motion to Extend Time to File Appellant’s Reply
Brief was served on the following counsel of record electronically through the
electronic filing manager:
Ms. Jacqueline M. Stroh THE LAW OFFICE OF JACQUELINE M. STROH, P.C. 10101 Reunion Place, Suite 600 San Antonio, Texas 78216
Tel: (210) 477-7416 Fax: (210) 477-7466 jackie@strohappellate.com
Attorney for Appellees Ms. Deborah Lynne Klein OFFICE OF THE CITY ATTORNEY, LITIGATION DIVISION
111 Soledad, 10 Floor
San Antonio, Texas 78205 Tel: (210) 207-8919 Fax: (210) 207-4357 deborah.klein@sanantonio.gov
Attorney for Appellees Mr. Mark Kosanovich FITPATRICK & KOSANOVICH, P.C. P.O. Box 831121 San Antonio, Texas 78283-1121 Tel: (210) 207-7259 Fax: (210) 207-8997 mark.kosanovich@sanantonio.gov
Attorney for Appellees Mr. Ricky J. Poole LAW OFFICES OF RICKY J. POOLE The Forum Building 8000 IH-10 West, Suite 600 San Antonio, Texas 78230 Tel: (210) 525-7988 Fax: (210) 525-7987
rpoole@alamocityattorney.com Attorney for Intervenor
FLOYD STEVEN CONTRERAS