City of White Settlement, Texas, and the White Settlement Economic Development Corporation v. Benjamin S. Emmons, and Source Capital, LLC

Court of Appeals of Texas

City of White Settlement, Texas, and the White Settlement Economic Development Corporation v. Benjamin S. Emmons, and Source Capital, LLC

Court of Appeals of Texas·Decided December 21, 2017·No. 02-17-00358-CV·Published

Opinion

ACCEPTED

02-17-00358-CV

SECOND COURT OF APPEALS

FORT WORTH, TEXAS

12/21/2017 3:51 PM

DEBRA SPISAK

CLERK

No. 02-17-00358-CV

FILED IN

2nd COURT OF APPEALS

In the Court of Appeals FORT WORTH, TEXAS Second District of Texas 12/21/2017 3:51:41 PM Fort Worth, Texas DEBRA SPISAK Clerk

City of White Settlement, Texas and White Settlement Economic Development Corporation,

Appellants,

v.

Benjamin S. Emmons and Source Capital, LLC,

Appellees.

On Appeal from the 48th Judicial District Court of Tarrant County, Texas Cause No. 048-288516-16; the Honorable David L. Evans Presiding

APPELLEES’ UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLEES’ BRIEF

DENTONS US LLP C. Michael Moore State Bar No. 14323600 c.michael.moore@dentons.com Matthew T. Nickel State Bar No. 24056042 matt.nickel@dentons.com Spencer D. Hamilton State Bar No. 24087656 spencer.hamilton@dentons.com 2000 McKinney Avenue, Suite 1900 Dallas, Texas 75201 Tel: 214-259-0900 Fax: 214-259-0910 ATTORNEYS FOR APPELLEES

TO THE HONORABLE SECOND DISTRICT COURT OF APPEALS:

Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d), Appellees Benjamin

S. Emmons and Source Capital, LLC (collectively, “Appellees”), through their undersigned

counsel, ask the Court to extend the time to file Appellees’ response brief and respectfully show

as follows:

1. On November 14, 2017, the Court granted a thirty-day extension for Appellants

White Settlement, Texas and White Settlement Economic Development Corporation

(collectively, “Appellants”) to file their opening brief. As a result, Appellants’ brief was due on

December 20, 2017. Appellants filed their brief on that date.

2. Appellees’ response brief is currently due twenty days thereafter, on January 9,

2018.

3. In light of the thirty-day extension of the deadline for Appellants’ opening brief,

counsel for Appellants and counsel for Appellees agreed to a thirty-day extension for Appellees’

brief.

4. Appellees therefore respectfully request that the deadline for the filing of

Appellees’ response brief be extended by thirty days, to February 8, 2018. This will afford

Appellees’ counsel sufficient time to prepare Appellees’ response brief and will provide both

sides with equal time to prepare their respective briefs.

5. Pursuant to Texas Rule of Appellate Procedure 10.5(b)(1)(D), there have been no

other prior extensions of time granted by the Court regarding the filing of Appellees’ brief.

6. Texas Rule of Appellate Procedure 38.6(d) provides that an “Appellate Court may

extend the time for filing a brief and may postpone submission of the case.”

7. For the reasons stated above, good cause exists for the extension requested, and

the extension is not sought for purposes of delay.

December 21, 2017 Respectfully submitted,

DENTONS US LLP

/s/ Spencer D. Hamilton C. Michael Moore State Bar No. 14323600 c.michael.moore@dentons.com Matthew T. Nickel State Bar No. 24056042 matt.nickel@dentons.com Spencer D. Hamilton State Bar No. 24087656 spencer.hamilton@dentons.com 2000 McKinney Avenue, Suite 1900 Dallas, Texas 75201 Tel: 214-259-0900 Fax: 214-259-0910

ATTORNEYS FOR APPELLEES

CERTIFICATE OF CONFERENCE

Counsel for Appellees conferred with Counsel for Appellants on November 14, 2017.

Counsel for Appellants and Appellees reached an agreement on the extension requested. Appellees therefore submit this as an Unopposed Motion.

CERTIFICATE OF SERVICE

I hereby certify that on December 21, 2017, a true and correct copy of the foregoing has been served in accordance with Rule 9.5 of the Texas Rules of Appellate Procedure to:

Robert F. Maris rmaris@marislanier.com Alise N. Abel aabel@marislanier.com Maris & Lanier, P.C. 3710 Rawlins Street, Suite 1550 Dallas, Texas 75219 214-706-0920 - Telephone 214-706-0921 - Facsimile

VIA E-FILING

/s/ Spencer D. Hamilton Spencer D. Hamilton

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ACCEPTED

02-17-00358-CV

SECOND COURT OF APPEALS

FORT WORTH, TEXAS

12/21/2017 3:51 PM

DEBRA SPISAK

CLERK

No. 02-17-00358-CV

FILED IN

2nd COURT OF APPEALS

In the Court of Appeals FORT WORTH, TEXAS Second District of Texas 12/21/2017 3:51:41 PM Fort Worth, Texas DEBRA SPISAK Clerk

City of White Settlement, Texas and White Settlement Economic Development Corporation,

Appellants,

v.

Benjamin S. Emmons and Source Capital, LLC,

Appellees.

On Appeal from the 48th Judicial District Court of Tarrant County, Texas Cause No. 048-288516-16; the Honorable David L. Evans Presiding

APPELLEES’ UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLEES’ BRIEF

DENTONS US LLP C. Michael Moore State Bar No. 14323600 c.michael.moore@dentons.com Matthew T. Nickel State Bar No. 24056042 matt.nickel@dentons.com Spencer D. Hamilton State Bar No. 24087656 spencer.hamilton@dentons.com 2000 McKinney Avenue, Suite 1900 Dallas, Texas 75201 Tel: 214-259-0900 Fax: 214-259-0910 ATTORNEYS FOR APPELLEES

TO THE HONORABLE SECOND DISTRICT COURT OF APPEALS:

Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d), Appellees Benjamin

S. Emmons and Source Capital, LLC (collectively, “Appellees”), through their undersigned

counsel, ask the Court to extend the time to file Appellees’ response brief and respectfully show

as follows:

1. On November 14, 2017, the Court granted a thirty-day extension for Appellants

White Settlement, Texas and White Settlement Economic Development Corporation

(collectively, “Appellants”) to file their opening brief. As a result, Appellants’ brief was due on

December 20, 2017. Appellants filed their brief on that date.

2. Appellees’ response brief is currently due twenty days thereafter, on January 9,

2018.

3. In light of the thirty-day extension of the deadline for Appellants’ opening brief,

counsel for Appellants and counsel for Appellees agreed to a thirty-day extension for Appellees’

brief.

4. Appellees therefore respectfully request that the deadline for the filing of

Appellees’ response brief be extended by thirty days, to February 8, 2018. This will afford

Appellees’ counsel sufficient time to prepare Appellees’ response brief and will provide both

sides with equal time to prepare their respective briefs.

5. Pursuant to Texas Rule of Appellate Procedure 10.5(b)(1)(D), there have been no

other prior extensions of time granted by the Court regarding the filing of Appellees’ brief.

6. Texas Rule of Appellate Procedure 38.6(d) provides that an “Appellate Court may

extend the time for filing a brief and may postpone submission of the case.”

7. For the reasons stated above, good cause exists for the extension requested, and

the extension is not sought for purposes of delay.

December 21, 2017 Respectfully submitted,

DENTONS US LLP

/s/ Spencer D. Hamilton C. Michael Moore State Bar No. 14323600 c.michael.moore@dentons.com Matthew T. Nickel State Bar No. 24056042 matt.nickel@dentons.com Spencer D. Hamilton State Bar No. 24087656 spencer.hamilton@dentons.com 2000 McKinney Avenue, Suite 1900 Dallas, Texas 75201 Tel: 214-259-0900 Fax: 214-259-0910

ATTORNEYS FOR APPELLEES

CERTIFICATE OF CONFERENCE

Counsel for Appellees conferred with Counsel for Appellants on November 14, 2017.

Counsel for Appellants and Appellees reached an agreement on the extension requested. Appellees therefore submit this as an Unopposed Motion.

CERTIFICATE OF SERVICE

I hereby certify that on December 21, 2017, a true and correct copy of the foregoing has been served in accordance with Rule 9.5 of the Texas Rules of Appellate Procedure to:

Robert F. Maris rmaris@marislanier.com Alise N. Abel aabel@marislanier.com Maris & Lanier, P.C. 3710 Rawlins Street, Suite 1550 Dallas, Texas 75219 214-706-0920 - Telephone 214-706-0921 - Facsimile

VIA E-FILING

/s/ Spencer D. Hamilton Spencer D. Hamilton

City of White Settlement, Texas, and the White Settlement Economic Development Corporation v. Benjamin S. Emmons, and Source Capital, LLC, (Tex. Ct. App. 2017).

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City of White Settlement, Texas, and the White Settlement Economic Development Corporation v. Benjamin S. Emmons, and Source Capital, LLC (City of White Settlement, Texas, and the White Settlement Economic Development Corporation v. Benjamin S. Emmons, and Source Capital, LLC) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.