Bandier Realty Partners, LLC and Switchback Ventures, LLC v. SSC Opportunity Partners, LLC

Court of Appeals of Texas·Decided April 8, 2015·No. 01-13-00782-CV·Published

Opinion

ACCEPTED 01-13-00782-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 4/8/2015 2:46:03 PM CHRISTOPHER PRINE CLERK

No. 01-13-00782-CV

In the Court of Appeals for the First District FILED IN 1st COURT OF APPEALS Houston, Texas HOUSTON, TEXAS 4/8/2015 2:46:03 PM CHRISTOPHER A. PRINE Clerk BANDIER REALTY PARTNERS, LLC AND SWITCHBACK VENTURES, LLC,

Appellants,

SSC OPPORTUNITY PARTNERS, LLC AND DOUGLAS BRITTON,

Appellees.

On Appeal from the 215th District Court, Harris County, Texas, Cause No. 2011-43194, the Hon. Elaine H. Palmer, presiding

MOTION TO RESCHEDULE SUBMISSION ON ORAL ARGUMENT

TO THE HONORABLE JUSTICES OF THE FIRST COURT OF APPEALS:

Come now, SSC Opportunity Partners, LLC and Douglas Britton

(“Appellees”) and files this Motion to Reschedule Submission on Oral Argument.

In support of this Motion, Appellees show the Court the following:

Motion to Reschedule Submission on Oral Argument Page 1 I. ORAL ARGUMENT DATE

This case is set for oral argument on Tuesday, April 14, 2015, at 1:30 p.m.

No previous extension to reschedule has been sought by Appellees. One extension

has been sought by Appellants. Appellees respectfully request the oral argument

be rescheduled for a later date at the Court’s discretion.

II. REASONS FOR RESCHEDULING ORAL ARGUMENT

Appellees’ counsel, David Keltner, recently had knee surgery on Friday,

April 3, 2015. As planned, the surgery would not have interfered with the oral

argument setting; however, due to complications during his recovery, his doctor

has advised Mr. Keltner not to travel to the oral argument. [See Exhibit A;

Doctor’s Note, dated April 8, 2015].

III. APPELLANTS CANNOT BE REACHED REGARDING THIS MOTION

Counsel for Appellants Bandier Realty Partners, LLC and Switchback

Ventures, LLC, David Gunn, cannot be reached to discuss this motion. Therefore,

Appellees present this motion for the Court’s consideration.

Motion to Reschedule Submission on Oral Argument Page 2 IV. PRAYER FOR EXTENSION

WHEREFORE, PREMISES CONSIDERED, Appellees request the April

14, 2015 oral argument be rescheduled at a later date at the Court’s discretion.

Respectfully submitted,

/s/ David Keltner David E. Keltner State Bar No. 11249500 david.keltner@kellyhart.com Jody S. Sanders State Bar No. 24051287 jody.sanders@kellyhart.com KELLY HART & HALLMAN LLP 201 Main Street, Suite 2500 Fort Worth, Texas 76102 817.332.2500—Telephone 817.878.9280—Telecopier

ATTORNEYS FOR APPELLEES

CERTIFICATE OF CONFERENCE

On April 8, 2015, I attempted to contact David Gunn, counsel for Appellants Bandier Realty Partners, LLC and Switchback Ventures, LLC. However, Mr. Gunn could not be reached and Appellees present this motion for the Court’s consideration.

/s/ David Keltner David E. Keltner

Motion to Reschedule Submission on Oral Argument Page 3 CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the above and foregoing document has been served upon counsel via electronic filing on April 8, 2015:

Brian B. Kilpatrick W. Craft Hughes brianbkil@gmail.com craft@crafthugheslaw.com THE KILPATRICK LAW FIRM Jarrett L. Ellzey 1811 Bering Drive, Suite 125 jarrett@crafthugheslaw.com Houston, Texas 77057 HUGHES ELLZEY, LLP Counsel for Appellees Galleria Tower I 2700 Post Oak Blvd., Suite 1120 Houston, Texas 77056 Counsel for Appellees

David M. Gunn Kenneth T. Fibich dgunn@beckredden.com tfibich@fhl-law.com Erin H. Huber Sara J. Fendia dgunn@beckredden.com sfendia@fhl-law.com BECK REDDEN LLP FIBICH, HAMPTON, LEEBRON, 1221 McKinney, Suite 4500 BRIGGS & JOSEPHSON, LLP Houston, Texas 77010 1150 Bissonnet Counsel for Appellants Houston, Texas 77005 Bandier Realty Partners, LLC Counsel for Appellees and Switchback Ventures, LLC

Sean Michael Reagan sreagan@lpmfirm.com LEYH, PAYNE &MALLIA, PLLC 9545 Katy Freeway, Suite 200 Houston, Texas 77024 Counsel for Appellees

/s/ David Keltner David E. Keltner

Motion to Reschedule Submission on Oral Argument Page 4 Appendix A Robert Schmidt, M.D./Jordan Wackenhuth, F.A.-C. Ajai Cadambi, M,D./Lien Tran, F.A.-C. Theodore W. Crofford, M.D./Brett Barnes, P.A.-C. Steven H. Weeden, M.D./Melanie Brooks, P.A.-C THE TEXAS HIP AND KNEE CENTER Jeffrey McGowen, M.D./Matthew Watson, F.A.-C. Steven B. Ogden, M.D./Stephanie Reel, P.A.-C. Joint Replacement Surgery Reconstructive Surgery of the Hip and Rnee

Patient's Name

• May not return to work at this time.

JS Was seen in my office on Ms: • May be off work effective until

• Next appointment is scheduled for

• Has surgery scheduled for

^ May return to work o^^ORMALy LIGHT duty on

• Limitations No lifting No lifting over lbs. No squatting No standing No climbing No repetitive bending/stooping No kneeling No working at heights ^0 Other

^'vlcr Robert Schmidt, Date Ajai Cadambi, M.D. Theodore W. Crofford, M.D. Steven H. Weeden, M.D. Jeffrey L. McGowen, M.D. Steven Ogden, M.D.

Revised 01/14

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ACCEPTED 01-13-00782-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 4/8/2015 2:46:03 PM CHRISTOPHER PRINE CLERK

No. 01-13-00782-CV

Appellants,

SSC OPPORTUNITY PARTNERS, LLC AND DOUGLAS BRITTON,

Appellees.

On Appeal from the 215th District Court, Harris County, Texas, Cause No. 2011-43194, the Hon. Elaine H. Palmer, presiding

MOTION TO RESCHEDULE SUBMISSION ON ORAL ARGUMENT

TO THE HONORABLE JUSTICES OF THE FIRST COURT OF APPEALS:

Come now, SSC Opportunity Partners, LLC and Douglas Britton

(“Appellees”) and files this Motion to Reschedule Submission on Oral Argument.

In support of this Motion, Appellees show the Court the following:

Motion to Reschedule Submission on Oral Argument Page 1 I. ORAL ARGUMENT DATE

This case is set for oral argument on Tuesday, April 14, 2015, at 1:30 p.m.

No previous extension to reschedule has been sought by Appellees. One extension

has been sought by Appellants. Appellees respectfully request the oral argument

be rescheduled for a later date at the Court’s discretion.

II. REASONS FOR RESCHEDULING ORAL ARGUMENT

Appellees’ counsel, David Keltner, recently had knee surgery on Friday,

April 3, 2015. As planned, the surgery would not have interfered with the oral

argument setting; however, due to complications during his recovery, his doctor

has advised Mr. Keltner not to travel to the oral argument. [See Exhibit A;

Doctor’s Note, dated April 8, 2015].

III. APPELLANTS CANNOT BE REACHED REGARDING THIS MOTION

Counsel for Appellants Bandier Realty Partners, LLC and Switchback

Ventures, LLC, David Gunn, cannot be reached to discuss this motion. Therefore,

Appellees present this motion for the Court’s consideration.

Motion to Reschedule Submission on Oral Argument Page 2 IV. PRAYER FOR EXTENSION

WHEREFORE, PREMISES CONSIDERED, Appellees request the April

14, 2015 oral argument be rescheduled at a later date at the Court’s discretion.

Respectfully submitted,

ATTORNEYS FOR APPELLEES

CERTIFICATE OF CONFERENCE

/s/ David Keltner David E. Keltner

Motion to Reschedule Submission on Oral Argument Page 3 CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the above and foregoing document has been served upon counsel via electronic filing on April 8, 2015:

Sean Michael Reagan sreagan@lpmfirm.com LEYH, PAYNE &MALLIA, PLLC 9545 Katy Freeway, Suite 200 Houston, Texas 77024 Counsel for Appellees

/s/ David Keltner David E. Keltner

Patient's Name

• May not return to work at this time.

JS Was seen in my office on Ms: • May be off work effective until

• Next appointment is scheduled for

• Has surgery scheduled for

^ May return to work o^^ORMALy LIGHT duty on

• Limitations No lifting No lifting over lbs. No squatting No standing No climbing No repetitive bending/stooping No kneeling No working at heights ^0 Other

^'vlcr Robert Schmidt, Date Ajai Cadambi, M.D. Theodore W. Crofford, M.D. Steven H. Weeden, M.D. Jeffrey L. McGowen, M.D. Steven Ogden, M.D.

Revised 01/14

Bandier Realty Partners, LLC and Switchback Ventures, LLC v. SSC Opportunity Partners, LLC, (Tex. Ct. App. 2015).

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