American Zurich Insurance Company v. Daniel Samudio

Opinion

ACCEPTED

01-15-00478-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

11/12/2015 12:22:43 PM CHRISTOPHER PRINE

CLERK

NO. 01-15-00478-CV

FILED IN

1st COURT OF APPEALS

In the First District Court of Appeals HOUSTON, TEXAS 11/12/2015 12:22:43 PM

Houston, Texas

CHRISTOPHER A. PRINE

__________________ Clerk

AMERICAN ZURICH INSURANCE COMPANY,

Appellant,

v.

DANIEL SAMUDIO,

Appellee.

__________________

ON APPEAL FRO M TH E 127 TH D ISTRIC T C O U RT H ARRIS C O UN TY , T EXAS

__________________

APPELLEE’S UNOPPOSED SECOND MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLEE

TO THE HONORABLE JUSTICES OF THE FIRST COURT OF APPEALS:

Appellee Keith Morris, as the administrator of the Estate of Daniel Samudio

(“Samudio”), files this unopposed second motion for extension of time requesting an

additional twenty-eight (28) days to file his Brief of Appellee.

1.

Samudio’s Brief of Appellee is currently due on November 25, 2015.

2.

Under Rule 38.6 of the Texas Rules of Appellate Procedure, Samudio requests

a 30-day extension until Wednesday, December 23, 2015, to file his brief.

3.

This extension is necessary because of counsel’s obligations to other clients.

Samudio’s appellate counsel, Byron Keeling, has the following conflicts that require

the requested extension:

a. Flatrolled Steel, Inc. v. Nolan Richardson et al., Cause No. 2014-26092, in the 11th Judicial District Court of Harris County, Texas. Mr. Keeling is trial counsel for Defendants, whose Plea to the Jurisdiction was filed on November 9, 2015, and is set for hearing on November 23, 2015.

b. Dylan Daniels v. Katy Martial Arts & Fitness, LLC et al., Cause No. 10-

DCV-179834, in the 240th Judicial District Court of Fort Bend County, Texas. Mr. Keeling is appellate counsel for Defendant E-Lam Properties, LLC, and is preparing for the hearing on Defendant’s motion for trial, which is set for December 7, 2015.

Additionally, Mr. Keeling is corporate counsel for two companies that are in the

midst of significant negotiations and due diligence for a large confidential asset

purchase transaction which is expected to close on November 30, 2015.

4.

Samudio requests this extension due to unavoidable conflicts and so that justice

may be done, not for the purpose of delay. This request for extension is unopposed.

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5.

Samudio has previously requested one other extension of time for the filing of

his Brief of Appellee.

For these reasons, Appellee Keith Morris, as the administrator of the Estate of

Daniel Samudio, respectfully requests that the Court grant an extension of time until

and including December 23, 2015, for the filing of his Brief of Appellee and award

him all such other and further relief to which he may be justly entitled.

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Respectfully submitted,

KEELING & DOWNES, P.C.

/S/ Byron C. Keeling By:__________________________________ Byron C. Keeling State Bar No. 11157980 bck@keelingdownes.com Anna E. Williams State Bar No. 24088638 aew@keelingdownes.com 1500 McGowen, Suite 220 Houston, Texas 77004 Telephone: (832) 214-9900 Facsimile: (832) 214-9908

DOYLE LLP Michael P. Doyle State Bar No. 06095650 mdoyle@doylelawfirm.com Patrick M. Dennis State Bar No. 24045777 pdennis@doylelawfirm.com 2402 Dunlavy Street, Suite 200 Houston, Texas 77006 Telephone: (713) 571-1146 Facsimile: (713) 571-1148

COUNSEL FOR APPELLEE DANIEL SAMUDIO

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CERTIFICATE OF CONFERENCE

I certify that on November 11, 2015, I conferred by email with Robert D.

Stokes, counsel for Appellant. Mr. Stokes confirmed that Appellant is not opposed to the relief requested in this motion.

/S/ Anna E. Williams

______________________________

Anna E. Williams

CERTIFICATE OF SERVICE

I hereby certify that on the 12th day of November, 2015, the foregoing document was forwarded to the following via electronic service:

Mr. Robert D. Stokes Mr. Gregory D. Solcher Mr. David Owen Cluck Flahive, Ogden & Latson P.O. Box 201329 Austin, Texas 78720 Telephone: (512) 435-2150 Facsimile: (512) 241-3305

Counsel for Appellant American Zurich Insurance Company

/S/ Byron C. Keeling

____________________________

Byron C. Keeling