El Ahorro Properties, LLC, Adventure Supermarkets, LLC and Rosara Investments LLC v. Ayda Martinez

• Court: Court of Appeals of Texas
• Decided: April 9, 2015
• Docket: 01-15-00233-CV
• Status: Published

Opinion

ACCEPTED 01-15-00233-cv FIRST COURT OF APPEALS HOUSTON, TEXAS 4/9/2015 2:03:23 PM CHRISTOPHER PRINE CLERK

NO. 01-15-00233-CV ________________________________________ FILED IN 1st COURT OF APPEALS IN THE COURT OF APPEALS HOUSTON, TEXAS FOR THE FIRST DISTRICT 4/9/2015 2:03:23 PM HOUSTON, TEXAS CHRISTOPHER A. PRINE ________________________________________ Clerk

EL AHORRO PROPERTIES, LLC, ADVENTURE SUPERMARKETS, LLC and ROSARA INVESTMENTS, LLC Appellants

vs.

AYDA MARTINEZ Appellee

__________________________________________________________________

UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLANTS __________________________________________________________________

EGGLESTON & BRISCOE, LLP David W. Smith Texas State Bar No. 24027868 dws@egglestonbriscoe.com 4800 Three Allen Center 333 Clay Street Houston, Texas 77002 (713) 659-5100—Telephone (713) 951-9920—Facsimile

Attorneys for Appellants

1 TO THE HONORABLE FIRST COURT OF APPEALS:

Appellants, El Ahorro Properties, LLC, Adventure Supermarkets, LLC and

Rosara Investments, LLC, pursuant to Texas Rules of Appellate Procedure 10.5(b)

and 38.6(d), file their Unopposed Motion for Extension of Time to File Brief of

Appellants.

Appellants’ Brief is currently due on April 20, 2015. Appellants seek a

twenty-one (21) day extension to file their brief. If granted, Appellant’s Brief

would be due on May 11, 2015.

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

Appellee does not oppose this motion.

Appellants need an extension of time to file their brief because the parties

are attempting to resolve the arbitration issue. Appellee recently had surgery. As a

result, counsel for Appellee has not had the opportunity to consult with her

regarding whether to consent to arbitration in order to avoid the time and expense

associated with this appeal. Further, counsel for Appellant has an out of town

deposition that will take him out of the office on April 15th-16th and family

commitments April 17th-19th. As a result, Appellants cannot delay filing this

extension until the parties determine whether an agreement can be reached.

2 PRAYER

For these reasons, Appellants El Ahorro Properties, LLC, Adventure

Supermarkets, LLC and Rosara Investments, LLC pray that this Court grant a

twenty-one (21) day extension of time to file their Brief. Appellants also pray for

such further relief to which they may be entitled.

Respectfully submitted,

EGGLESTON & BRISCOE, LLP 4800 Three Allen Center 333 Clay Street Houston, Texas 77002 713.659.5100 – Telephone 713.951.9920 – Fax

By: /s/ David W. Smith David W. Smith State Bar No. 24027868 dws@egglestonbriscoe.com

3 CERTIFICATE OF CONFERENCE

I certify that I have conferred with Rick Molina, counsel for Appellee, and

Appellee does not oppose the relief sought in this motion.

__/s/ David W. Smith_______ David W. Smith

4 CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing instrument was served on the following counsel of record via electronic notification and/or facsimile on this the 9th day of April 2015:

Rick Molina Molina Law Firm 11550 Fuqua, Suite 580 Houston, Texas 77034