Case Information

*0 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 09/25/2017 4:17:09 PM KEITH E. HOTTLE CLERK *1 ACCEPTED 04-17-00091-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 9/25/2017 4:17 PM

No. 04-17-00091-CV IN THE COURT OF APPEALS FOURTH JUDICIAL DISTRICT, SAN ANTONIO, TEXAS TEXAS DEPARTMENT OF TRANSPORTATION, Appellant, HECTOR R. RAMIREZ,

Appellee. On Appeal from the 406 th Judicial District Court of Webb County, Texas; Cause No. 2014CVT002640-D4 HECTOR R. RAMIREZ’ UNOPPOSED SECOND MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF TO THE HONORABLE COURT OF APPEALS:

Appellee, Hector R. Ramirez, presents this Motion pursuant to Rules 10.5(b) and 38.6(d) of the Texas Rules of Appellate Procedure and

respectfully moves the court for an extension of time to file Appellee’s

Brief. As grounds for this Motion, Appellee respectfully shows the Court

as follows:

1. Appellee’s brief is due for filing on September 25, 2017. 2. Appellee requests a thirty (30) day extension of time to file its

brief until Tuesday, October 24, 2017.

3. This is Appellee’s second request for an extension of time to file its brief.

4. Appellee needs an extension of time to file its brief because

time constraints on Appellee’s counsel has made it impracticable to

complete the Appellee’s Brief by September 25, 2017. Hurricane Harvey, caused Appellee’s counsel to be out of the

office during the storm and its aftermath. Unfortunately, Hurricane Harvey

caused substantial logistical problems for Appellee’s counsel in pursuing

this matter. Appellee’s counsel suffered substantial damages to his office

building including the building’s entire roof, entire back wall, entire side

wall, and air conditioning systems on the building’s premises. Immediate

repairs and reconstruction, including mold remediation, has been

underway for the past several weeks and has caused considerable

distraction and delay.

Pursuant to Supreme Court of Texas Misc. Docket 17-9091 , Emergency Order Authorizing Modification and Suspension of Court

Procedures in Proceedings Affected by Disaster and Section 22.0035(b)

of the Texas Government Code, all courts in Texas should consider

disaster-caused delays as good cause for modifying or suspending all

deadlines and procedures—whether prescribed by statute, rule, or order—

in any case, civil or criminal. Since its receipt of the State’s Brief, and without limitation, and

in addition to routine duties, Appellee’s counsel has had to make, and must

continue to make, substantial time commitments to the following:

a. Appellate and post-judgment activities in Daniel Jimenez and

Paul Harrison vs. City of Aransas Pass ; Cause No. S-15-6059-C; in the

343 rd District Court; Aransas County, Texas;

b. Post-judgment review and collection activities in The

Sparkman Living Trust vs. Charles D. Holley ; Cause No. 2011-DCV-3511-

E; from the 148 th District Court, Nueces County, Texas; and C onnelly vs.

Charlei Diwan Holley ; Cause No. 2016 DCV-2261B; from the 117 th District

Court, Nueces County, Texas;

c. Post-judgment documents and briefs in the case In the Matter

of the Marriage of Julia George Franklin and Richard C. Hales ; Cause No.

2014-FAM-0342-D; in the 105th District Court; Nueces County, Texas; Temporary restraining order and injunction activities in

d. Robledo vs. Chavez ; Cause No. 2017-DCV-3831-C; in the 94 th District

Court; Nueces County, Texas; In the Matter of the Estate of Judith Elaine Wier, No. 2017-PR-

e. 00455-4; in the County Court No. 4, Nueces County, Texas; Petition for Discretionary Review in John Chambers vs. State

f. of Texas; Cause No. PD-0771-17; in the Texas Court of Criminal Appeals;

g. Various mediations and other legal matters currently pending in the law office. For these reasons, Appellee respectfully requests that the

Court of Appeals grant an extension for filing Appellee’s Brief until

Tuesday, October 24, 2017.

Respectfully submitted,

Joseph E. Ritch

State Bar No. 24037364

Josh W. Hopkins ___/s/_Gregory T. Perkes_______

State Bar No. 00787714 Gregory T. Perkes

E LLIOTT & R ITCH LLP State Bar No. 15782550

321 Artesian St.

Corpus Christi, TX 78401 T HE P ERKES L AW F IRM , PC

Telephone: (361) 883-3000 P.O. Box 1663

Facsimile: (361) 883-3003 Corpus Christi, Texas 78403

jritch@elliottritch.com Telephone: (361) 813-8003

jhopkins@elliottritch.com GPerkes@PerkesLaw.com

David T. Burkett ATTORNEYS FOR APPELLEE,

State Bar No. 03410500 HECTOR R. RAMIREZ

T HE B URKETT L AW F IRM

538 S. Tancahua St.

Corpus Christi, TX 78401

Telephone: (361) 882-8822

Facsimile: (361) 883-0733

burkettd@aol.com

*6 CERTIFICATE OF CONFERENCE I hereby certify that on Monday, September 25, I conferred with Garland Williams, Assistant Attorney General for the State of Texas. He

stated that the State does not oppose this motion.

/s/ Gregory T. Perkes____________ Gregory T. Perkes CERTIFICATE OF SERVICE This is to certify that on September 25, 2017, a true and correct copy of the foregoing Unopposed Motion for Extension of Time to File

Appellant's Brief has been sent as follows:

Ken Paxton, Attorney General of Texas

Jeffrey C. Mateer, First Assistant Attorney General Brantley Starr, Deputy First Assistant Attorney General James E. Davis, Deputy Attorney General for Civil Litigation Randall K. Hill, Asst. Attorney General Chief, Transportation Division By Serving Via Electronic Service And Email To: Garland Williams

Assistant Attorney General

garland.williams@oag.texas.gov

Attorneys for Appellant,

Texas Department of Transportation

/s/ Gregory T. Perkes____________ Gregory T. Perkes