Crum & Forster Specialty Insurance Company v. Creekstone Builders, Inc., Nashville Creekstone, LLC Stephen Keller, Everett Jackson, and Creekstone SC I, LLC

• Court: Court of Appeals of Texas
• Decided: February 12, 2015
• Docket: 01-14-00907-CV
• Status: Published

Opinion

ACCEPTED 01-14-00907-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 2/12/2015 5:34:47 PM CHRISTOPHER PRINE CLERK

NO. 01-14-00907-CV

FILED IN IN THE FIRST COURT OF APPEALS 1st COURT OF APPEALS HOUSTON, TEXAS HOUSTON, TEXAS 2/12/2015 5:34:47 PM ________________________________________________ CHRISTOPHER A. PRINE Clerk CRUM & FORSTER SPECIALTY INSURANCE COMPANY, Appellant

vs.

CREEKSTONE BUILDERS, INC. et. al., Appellees ______________________________________

On Appeal from the 215th Judicial District Court of Harris County, Texas Trial Court Case No. 2014-29616, Honorable Elaine Palmer, Presiding

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

TO THE HONORABLE FIRST COURT OF APPEALS:

Appellees Creekstone Builders, Inc., Nashville Creekstone, LLC, Steven

Keller, Everett Jackson and Creekstone SC I, LLC (collectively referred to as

“Appellees”) file this Unopposed First Motion for Extension of Time to File

Appellee’s Brief and would respectfully show:

1. This Motion seeks a thirty (30) day extension of time to file

Appellee’s Brief. The current deadline to file Appellee’s Brief is February 16,

CJAMES\001630\00065\1334041.1

2015. Thus, Appellee seeks an extended deadline to March 18, 2015. See Tex. R.

App. P. 38.6(d); 10.1, 10.3 and 10.5(b).

2. This is Appellee’s first request for an extension of time to file their

Brief.

3. Counsel for Appellees has conferred with counsel for Appellant, and

counsel for Appellant is not opposed to this Motion for Extension of Time to File

Appellee’s Brief.

4. Appellee’s respectfully request an extension of time because it is

necessary to ensure their Brief is adequately prepared. Appellant had previously

been granted a thirty (30) day extension to file their Brief by agreement of the

parties and order of this Court, and thus is agreeable to reciprocating to Appellees.

5. Appellees have been diligent in connection with this appeal and have

not caused any delay. Appellees submit that this requested extension is reasonable.

For these reasons, Appellees respectfully request that the Court grant this

Motion and extend the deadline to file Appellee’s Brief for a period of thirty (30)

days until March 18, 2015, and grant any other relief to which it is justly entitled.

Respectively submitted,

BOYARMILLER, PC

By: /s/ Chris T. James Matthew S. Veech State Bar No. 24000372 Chris T. James State Bar No. 24069987 Boyar Miller 4265 San Felipe Road, Suite 1200 Houston, Texas 77027 (713) 850-7766 Telephone (713) 552-1758 Facsimile

Justin Lucey South Carolina Bar No. 15438 Justin O’Toole Lucey, P.A. 415 Mill Street Mt. Pleasant, SC 29464 (843) 849-8400 Telephone (843) 849-8406 Facsimile Admitted Pro Hac Vice

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of this Appellee’s Unopposed First Motion for Extension of Time to File Appellee’s Brief was served on the following counsel for the Appellant pursuant to the Texas Rules of Appellate Procedure on this 12th day of February, 2015.

Brian S. Martin Rodrigo “Diego” Garcia Christopher H. Avery Thompson, Coe, Cousins & Irons, LLP One Riverway, Suite 1400 Houston, TX 77056 (713) 403-8210 Telephone (713) 403-8299 Facsimile

/s/ Chris T. James___________ Chris T. James

CERTIFICATE OF CONFERENCE

Counsel for Appellees conferred with counsel for Appellant on February 12, 2015 regarding the relief requested in this Motion and Counsel for Appellant is not opposed to this Motion.