Burton Kahn v. Helvetia Asset Recovery, Inc.
Opinion
ACCEPTED 04-14-00569-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 3/6/2015 2:50:02 PM KEITH HOTTLE CLERK
NO. 04-14-00569-CV
FILED IN 4th COURT OF APPEALS IN THE FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS SAN ANTONIO, TEXAS 3/6/2015 2:50:02 PM KEITH E. HOTTLE Clerk
BURTON KAHN, Appellant, v.
HELVETIA ASSET RECOVERY, INC.
Appellee.
ON APPEAL FROM THE 37TH JUDICIAL DISTRICT COURT BEXAR COUNTY, TEXAS TRIAL COURT NO. 2013-CI-18355 Honorable Michael Mery, Presiding Judge
UNOPPOSED FIRST MOTION TO EXTEND TIME TO FILE APPELLEE’S RESPONSE TO APPELLANT’S BRIEF
TO THE HONORABLE COURT OF APPEALS:
Appellee Helvetia Asset Recovery, Inc. files this unopposed first motion for
extension under Texas Rule of Appellate Procedure 10.5(b) and respectfully
requests a 7-day extension of time, until March 16, 2014, to file its response to
appellant’s brief.
I.
This is Appellant Burton Kahn’s (“Appellant” or “Kahn”) appeal from the
June 11, 2014 final judgment entered in Cause No. 2013-CI-18355, Helvetia Asset
Recovery, Inc. v. Burton Kahn, et al., 37th Judicial District, Bexar County, Texas.
Appellant filed his brief on February 5, 2015. Appellee’s brief is currently
due on March 9, 2015 (the Monday following thirty days after February 5, 2015 –
Saturday, March 7). This is Appellee’s first request for an extension of time with
regard to responding to the Appellant’s brief.
II.
Counsel for Appellee has been substantially involved in the following
matters, among others, that necessitate the filing of this motion:
1. This present appeal. Counsel has found it difficult to locate Appellant’s citations to the reporter’s record and the clerk’s record, and in understanding the nature of several of the Appellant’s appeal points.
2. In re Burton M. Kahn, Civil Action No. 5:14-CV-1109-HLH, in the United States District Court for the Western District of Texas, San Antonio Division. Kahn appealed an October 17, 2014 order entered by the United States Bankruptcy Court approving the Chapter 7 Trustee’s request to sell to Helvetia the debtor’s (Kahn) non-exempt assets, claims and causes of action. Helvetia is the appellee in that appeal, and filed its appellee’s brief on February 24, 2015 (Pacer Dkt. No. 14). Appellee also filed a motion requesting allowance to file additional pages for its brief. The underlying bankruptcy action is In re: Burton M. Kahn, Debtor, Case No. 14-50980, United States Bankruptcy Court for the Western District of Texas, San Antonio Division.
3. Civil Action No. SA-09-CA-00905-RP; Unincorporated Non-Profit Association of Concerned Eastside Citizens and Property Owners v. The City of San Antonio and Crosspoint, Inc.; in the United States District Court for the Western District of Texas, San Antonio Division. Counsel was involved in preparing and filing Intervenor Crosspoint, Inc.’s Reply to Plaintiff’s Response to Advisory Regarding Status on February 27, 2015.
4. Civil Action No. 5:14-CV-01111-DAE; Southeast Medpro LLC, vs.
VHS San Antonio Partners, LLC; in the United States District Court for the Western District of Texas, San Antonio Division. Counsel was involved in preparing and filing a Motion to Dismiss First Amended Complaint on February 12, 2015.
5. Update of publication on subject of Contorts. Counsel has been involved in substantial updates of a publication on Contorts that is due in the middle of March.
Accordingly, Appellee requests a 7-day extension, or until March 16, 2015,
in which to file its brief. This motion is not filed for the purpose of delay.
PRAYER
For these reasons, appellee Helvetia Asset Recovery, Inc. respectfully
requests that the Court grant this request and extend the time for filing its brief to
March 16, 2015.
Respectfully submitted, HAYNES AND BOONE, LLP
/s/ Lisa S. Barkley Werner A. Powers State Bar No. 16218800 2323 Victory Avenue, Suite 700 Dallas, Texas 75219 Telephone: (214) 651-5000
Facsimile: (214) 651-5940 werner.powers@haynesboone.com
Lisa S. Barkley State Bar No. 17851450 112 E. Pecan, Suite 1200 San Antonio, Texas 78205 Telephone: (210) 978-7427 Facsimile: (210) 554-0427 lisa.barkley@haynesboone.com
ATTORNEYS FOR APPELLEE HELVETIA ASSET RECOVERY, INC.
CERTIFICATE OF CONFERENCE
In accordance with Rule 10.1(a)(5) of the Texas Rules of Appellate Procedure, I certify that I conferred with Mr. Burton Kahn concerning this request for extension of time. Mr. Kahn does not oppose the relief requested.
/s/ Lisa S. Barkley Lisa S. Barkley
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the Unopposed First Motion To Extend Time To File Appellee’s Response To Appellant’s Brief has been served on the following, in accordance with the Texas Rules of Appellate Procedure, on this 6th day of March, 2015:
Burton Kahn, pro se Via Email 1706 Alpine Circle San Antonio, Texas 78248 glentrail@yahoo.com
/s/ Lisa S. Barkley Lisa S. Barkley
15058107.1 -6-
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