City of Sealy, Texas Mark Stolarski, Mayor And Larry Kuciemba, City Manager v. Town Park Center, LLC

Opinion

ACCEPTED 01-15-00929-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 11/23/2015 3:09:39 PM CHRISTOPHER PRINE CLERK

NO. 01-15-00929-CV

IN THE COURT OF APPEALS FILED IN 1st COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS HOUSTON, TEXAS __________________________________________________________________ 11/23/2015 3:09:39 PM CHRISTOPHER A. PRINE CITY OF SEALY, TEXAS, MARK STOLARSKI, MAYOR, andClerk LARRY KUCIEMBA, CITY MANAGER, Appellants V.

TOWN PARK CENTER, LLC, Appellee

On Appeal from the 155th Judicial District Court of Austin County, Texas Honorable Jeff R. Steinhauser Trial Court Cause No. 2015V-0129

APPELLANTS’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF

TO THE HONORABLE FIRST COURT OF APPEALS:

1. The City of Sealy, Texas, Mark Stolarksi, Mayor, and Larry Kuciemba,

City Manager, Appellants file this motion asking the Court to extend the deadline for

their brief. Appellants file this unopposed motion under authority of Rules 10.5(b)

and 38.6(d) of the Texas Rules of Appellate Procedure.

2. Appellants’ brief is currently due to be filed with the Court on

November 30, 2015.

3. Appellants respectfully request a thirty-day extension of time to file

their brief on the merits. 4. This is Appellants’ first request for an extension of time to file their

brief on the merits.

5. After this appeal was filed, an event occurred that now makes it likely

that the current dispute between the parties will be resolved by agreement. As soon

as the undersigned counsel for Appellants learned of the event, he suspended work on

the Appellants’ brief in order to save his clients from incurring unnecessary expenses

in pursuing the current appeal. However, it is unlikely that the settlement will be

fully consummated prior to the current deadline for filing the Appellants’ brief.

Appellants respectfully request an extension of the deadline for filing their

Appellants’ brief in order to provide additional time for the parties to consummate a

settlement.

6. For these reasons, Appellants request an extension of the deadline for

filing their brief to December 30, 2015.

7. Counsel for Appellee, Town Park Center, LLC has been contacted and

is unopposed to the granting of this extension as set forth in the attached certificate of

conference.

WHEREFORE PREMISES CONSIDERED, Appellants respectfully

requests that this Court grant this Unopposed Motion for Extension of Time to File

Brief, and set a deadline of December 30, 2015 for filing Appellants’ brief.

2 Respectfully submitted,

OLSON & OLSON, LLP

By: /s/ John J. Hightower John J. Hightower State Bar No. 09614200 jhightower@olsonllp.com Eric C. Farrar State Bar No. 24036549 efarrar@olsonllp.com 2727 Allen Parkway, Suite 600 Houston, Texas 77019 Telephone: (713) 533-3800 Facsimile: (713) 533-3888

ATTORNEYS FOR APPELLANTS, CITY OF SEALY, TEXAS, MARK STOLARSKI, MAYOR, AND LARRY KUCIEMBA, CITY MANAGER

3 CERTIFICATE OF CONFERENCE

I certify that I conferred with Mr. Andy Taylor, appellate counsel for Town

Park Center, LLC, on November 23, 2015, and he stated to me that he is

unopposed to the granting of this motion.

/s/ John J. Hightower John J. Hightower

CERTIFICATE OF SERVICE

As required by Texas Rule of Appellate Procedure 6.3 and 9.5(b), (d), (e), I

certify that I have served this document on all other parties to this appeal, through

their respective counsel of record, on November 23, 2015, as follows:

ATTORNEYS FOR APPELLEE, TOWN PARK CENTER, LLC

Andy Taylor Via electronic service ANDY TAYLOR & ASSOCIATES, PC 2668 Highway 36S Brenham, Texas 77833 ataylor@andytaylorlaw.com