Albert Lujan D/B/A Texas Wholesale Flower Co. v. Navistar, Inc., Navistar International Corporation, Navistar International Transportation Corp., International Truck and Engine Corporation and Santex Truck Centers, Ltd.

Opinion

ACCEPTED 14-14-00345-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 4/22/2015 2:36:41 PM CHRISTOPHER PRINE CLERK

NO. 14-14-00345-CV

FILED IN 14th COURT OF APPEALS IN THE COURT OF APPEALS FOR THE HOUSTON, TEXAS FOURTEENTH DISTRICT OF TEXAS 4/22/2015 2:36:41 PM CHRISTOPHER A. PRINE Clerk ALBERT LUJAN D/B/A TEXAS WHOLESALE FLOWER CO.,

Appellant,

v.

NAVISTAR INC., ET AL.,

Appellees.

ON APPEAL FROM THE 129TH JUDICIAL DISTRICT COURT OF HARRIS COUNTY, TEXAS

UNOPPOSED MOTION OF APPELLEES TO EXTEND TIME TO FILE THEIR BRIEF PURSUANT TO RULE 10.5(b)

To the Honorable Court of Appeals:

Defendants and Appellees Navistar Inc., et al. (“Defendants”) file this

unopposed motion to extend the time to file their brief on the merits, pursuant to

Rule 10.5(b), Texas Rules of Appellate Procedure. 1.

Plaintiff Albert Lujan d/b/a Texas Wholesale Flower Co. (“Plaintiff”)

brought this action against Defendants to recover damages allegedly sustained in a

business transaction for the sale and purchase of trucks. The trial court granted

Defendants’ motion for summary judgment, and Plaintiff took an appeal from that

judgment.

2.

Plaintiff filed his brief on March 27, 2015.

3.

The current deadline for Defendants to file their brief is April 27, 2015.

4.

This motion is the first request by Defendants for an extension of time to file

their brief.

5.

Defendants request an extension of time of thirty (30) days to file their brief

to May 27, 2015.

6.

This case is not set for submission at this time.

2 7.

Lead counsel for Defendants has been involved in the following matters that

required his attention:

 Preparation of brief in an accelerated appeal in Cause No. 13-15- 00046-CV; Jesus Jaime Andrade, et al. v. Doctors Hospital at Renaissance, Ltd., et al.; in the Thirteenth Court of Appeals of Texas.

 Preparation for and attendance at a significant mediation out of town in Cause No. 15-02-16797-CV; Judith Salinas, Individually and as Next Friend of Marte Salinas, and as Representative of the Estate of Francisco Salinas, Franco Salinas, and Carolina Salinas v. Texas CES, Inc. d/b/a Mercer Well Service and Rolando Pena; In the 79th Judicial District Court of Brooks County, Texas.

 Preparation of a reply brief in Cause No. 08-14-00165-CV; Alcantar Enterprises, LLC d/b/a Alcantar Apartments v. Carlos Gallegos et al.; In the Court of Appeals for the Eighth District of Texas.

8.

There is no opposition to this motion.

9.

This motion is not made for delay, but so that justice may be done.

10.

Defendants respectfully request that the Court grant them an extension of

time to file their brief until May 27, 2015.

WHEREFORE, PREMISES CONSIDERED, Defendants pray that this

motion to extend time to file their brief be granted.

3 Respectfully submitted,

SHEEHY, WARE & PAPPAS, P.C.

By: Richard A. Sheehy State Bar No. 18178600 2500 Two Houston Center 909 Fannin Street Houston, Texas 77010-1003 (713) 951-1000 – Telephone (713) 951-1199 – Facsimile Email: rsheehy@sheehyware.com

Attorneys for Defendants and Appellees

Certificate of Conference

Richard A. Sheehy

4 Certificate of Service

This will certify that a true and correct copy of this document has been forwarded to all counsel of record pursuant to the Texas Rules of Appellate Procedure on the 22nd day of April 2015.

Wesley S. Coddou Coddou & Coddou, PC 50 Briar Hollow Lane, Suite 575 East Houston, Texas 77027-9341

2313372