Art Reyna v. Irene Baldridge and Kathy Hill

Opinion

ACCEPTED 04-14-00740-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 4/15/2015 11:14:54 AM KEITH HOTTLE CLERK

NO. 04-14-00740-CV

FILED IN 4th COURT OF APPEALS IN THE COURT OF APPEALS SAN ANTONIO, TEXAS FOR THE FOURTH JUDICIAL DISTRICT OF 04/15/2015 TEXAS 11:14:54 AM AT SAN ANTONIO KEITH E. HOTTLE Clerk

ART REYNA,

Appellant,

v.

IRENE BALDRIDGE AND KATHY HILL,

Appellees.

ON APPEAL FROM THE 285th JUDICIAL DISTRICT COURT BEXAR COUNTY, TEXAS TRIAL COURT NO. 2014-CI-03985 THE HONORABLE JUDGE CATHLEEN M. STRYKER PRESIDING

UNOPPOSED 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

Art Reyna, 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:

Page 1 of 4 1. Appellees Irene Baldridge and Kathy Hill filed their Appellees’ Brief on

March 26, 2015.

2. Under Texas Rule of Appellate Procedure 38.6(c), Appellant’s Reply Brief is

currently due on or before April 15, 2015.

3. Appellant requests that the Court extend the time to file Appellant’s Reply

Brief seven (7) days. A seven (7) day extension would make the Appellant’s Reply

Brief due on April 22, 2015.

4. In support of the requested extension, Appellant would show that Appellees

cited numerous lengthy cases in their Appellees’ Brief that require analysis to

prepare a proper reply, in addition to analysis of recent cases decided or pending

under Tex. Civ. Prac. & Rem. Code Chapter 27, which serves as the basis of this

appeal.

5. In addition, counsel for Appellant, Ronald B. Prince and Floyd Steven

Contreras, had commitments during the time to reply that required their time and

attention and interfered with preparation of Appellant’s Reply Brief by the current

deadline, including the following:

Preparation for trial and trial in Cause No. 21DC1401864, Troy Capital, LLC

v. Elvira Eardley-Thrash, in Justice Court, Precinct 2, Bexar County, which took

place on April 14, 2015.

Page 2 of 4 6. This is Appellant’s first 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.

7. As reflected in the Certificate of Conference below, counsel for Appellees

indicated that they are unopposed to this motion.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant Art Reyna

respectfully requests that the Court grant a seven (7) day extension of time to file

Appellant’s Reply Brief, extending the time to file Appellant’s Reply Brief until

April 22, 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 ART REYNA

_/s/ Floyd Steven Contreras_____________ RONALD B. PRINCE State Bar No. 16329300 ron@princecontreras.com FLOYD STEVEN CONTRERAS State Bar No. 24075339 floyd@princecontreras.com

Page 3 of 4 CERTIFICATE OF CONFERENCE

I hereby certify that I conferred with Edward P. Cano and Darby Riley,

counsel for Appellees, regarding our Motion to Extend Time to File Appellant’s

Reply Brief.

Both Mr. Cano and Mr. Riley indicated that they are unopposed to our motion.

_/s/ Floyd Steven Contreras_____________ RONALD B. PRINCE FLOYD STEVEN CONTRERAS

CERTIFICATE OF SERVICE

I hereby certify that on the 15th day of April, 2015, a true and correct copy of

the foregoing Unopposed Motion to Extend Time to File Appellant’s Reply Brief

was served on the following counsel of record electronically through the electronic

filing manager:

Mr. Edward P. Cano 201 W. Poplar St. San Antonio, Texas 78212 Tel: (210) 223-1099 Fax: (210) 212-5653 edcanoattorney@sbcglobal.net Attorney for Appellees Mr. Darby Riley RILEY & RILEY 320 Lexington Avenue San Antonio, Texas 78215 Tel: (210) 225-7236 Fax: (210) 227-7907 darbyriley@rileylawfirm.com Attorney for Appellees _/s/ Floyd Steven Contreras_____________ RONALD B. PRINCE FLOYD STEVEN CONTRERAS

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