City of Dallas v. the Sabine River Authority of Texas

Opinion

ACCEPTED

03-15-00371-CV

8146094

THIRD COURT OF APPEALS

AUSTIN, TEXAS

12/8/2015 4:37:13 PM

JEFFREY D. KYLE

CLERK

CAUSE NO. 03-15-00371-CV

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FILED IN

IN THE COURT OF APPEALS 3rd COURT OF APPEALS FOR THE THIRD JUDICIAL DISTRICT AUSTIN, TEXAS AUSTIN, TEXAS 12/8/2015 4:37:13 PM JEFFREY D. KYLE

__________________________________________________________________

Clerk

CITY OF DALLAS,

Appellant,

v.

SABINE RIVER AUTHORITY OF TEXAS, Appellee.

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

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TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS FOR THE THIRD DISTRICT OF TEXAS:

The Sabine River Authority of Texas, Appellee in the above styled and

numbered cause, moves this Court to grant an extension of time to file its

Appellee’s Brief, and in support thereof would respectfully show the Court as

follow:

1. Appellant filed its brief on November 20, 2015. Accordingly,

Appellee’s Brief is currently due on or before December 21, 2015.

2. Appellee seeks a 30-day extension of time to file its Appellee’s Brief,

which would make the Appellee’s Brief due on or before January 20, 2016.

3. This extension of time is necessary because the parties are mediating

this case between December 14, 2015 and December 16, 2015, and this extension

will allow both parties to avoid unnecessary costs in the event that the case is

resolved at mediation.

4. Counsel for Appellee has conferred with counsel for Appellant, and

Appellant does not oppose this Motion.

5. This is the first extension of time Appellee has sought for filing of its

Appellee’s Brief. This motion is not filed for the purpose of delay, but so that

justice may be done and to allow both parties in this matter to avoid unnecessary

attorney’s fees in the event that this case settles at the upcoming mediation.

For these reasons, Appellee requests that this Court grant Appellee’s Motion

for Extension of Time to File Appellee’s Brief, so that the Appellee’s Brief will be

due on or before January 20, 2016. Appellee also requests any other relief to

which it may be entitled.

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Respectfully submitted,

LLOYD GOSSELINK ROCHELLE & TOWNSEND, P.C. 816 Congress Avenue, Suite 1900 Austin, Texas 78701 Telephone: (512) 322-5800 Facsimile: (512) 472-0532

/s/ Tyler T. O’Halloran JOSE E. de la FUENTE State Bar No. 00793605 jdelafuente@lglawfirm.com TYLER T. O’HALLORAN State Bar No. 24083590 tohalloran@lglawfirm.com JAMES F. PARKER, III State Bar No. 24027591 jparker@lglawfirm.com

ATTORNEYS FOR APPELLEE SABINE RIVER AUTHORITY OF TEXAS

CERTIFICATE OF CONFERENCE Pursuant to Tex. R. App. P. 10.1(a)(5), this certifies that Tyler T. O’Halloran conferred with counsel for Appellant regarding the merits of this motion, and Appellant does not oppose this motion.

/s/ Tyler T. O’Halloran Tyler T. O’Halloran

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CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document has been sent to the following counsel of record, in accordance with the Texas Rules of Appellate Procedure, via electronic transmission on this 8th day of December, 2015:

S. Anthony Safi (safi@mgmsg.com) Mounce, Green, Myers, Safi, Paxson & Galatzan, P.C. 100 North Stanton, Suite 1000 El Paso, Texas 79901

ATTORNEYS FOR APPELLANT CITY OF DALLAS

/s/ Tyler T. O’Halloran Tyler T. O’Halloran