Elness Swenson Graham Architects, Inc.// RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC v. RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC// Elness Swenson Graham Architects, Inc.

Opinion

ACCEPTED 03-14-00738-CV 4280982 THIRD COURT OF APPEALS AUSTIN, TEXAS 2/25/2015 2:20:25 PM JEFFREY D. KYLE CLERK 03-14-00738-CV

In the Court of Appeals FILED IN 3rd COURT OF APPEALS For the Third District of Texas at Austin AUSTIN, TEXAS 2/25/2015 2:20:25 PM JEFFREY D. KYLE Elness, Swenson, Graham Architects, Inc., Clerk Appellant,

v.

RLJ II-C Austin Air, LP, RLJ II-C Austin Air Lessee, LP, and RLJ Lodging Fund II Acquisitions, LLC, Appellees.

On Appeal from the 200th Judicial District Court of Travis County, Texas Cause Number: D-1-GN-002325 The Honorable Stephen Yelenosky, Presiding Judge

APPELLANT’S UNOPPOSED FIRST MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF

Gregory N. Ziegler Weston M. Davis Texas Bar No. 00791985 Texas Bar No. 24065126 Steven R. Baggett Texas Bar No. 01510680

MACDONALD DEVIN, PC 3800 Renaissance Tower 1201 Elm Street Dallas, Texas 75270 214.744.3300 Telephone 214.747.0942 Facsimile

Attorneys for Appellant

1 IDENTITY OF PARTIES AND COUNSEL

Defendant/Appellant

Elness, Swenson, Graham Architects, Inc.

Counsel for Defendant/Appellant

Gregory N. Ziegler Texas Bar No. 00791985 Steven R. Baggett Texas Bar No. 01510680 Weston M. Davis Texas Bar No. 24065126 MACDONALD DEVIN, PC 1201 Elm Street 3800 Renaissance Tower Dallas, Texas 75270 214.744.3300 Telephone 214.747.0942 Facsimile

Counsel for Plaintiff/Appellee

RLJ II-C Austin Air, LP, RLJ II-C Austin Air Lessee, LP, and RLJ Lodging Fund II Acquisitions, LLC represented by Benton T. Wheatley Tracy L. McCreight Jessica C. Neufeld MUNSCH HARDT KOPF & HARR, P.C. 401 Congress Ave, Suite 3050 Austin, Texas 78701 512.391.6100 Telephone 512.391.6149 Facsimile

2 TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to Tex. R. App. P. 10.5(b) and 38.6(d), the Appellant, Elness,

Swenson, Graham Architects, Inc. (“ESG”), files this Unopposed First Motion to

Extend Time to File Appellant’s Brief. ESG’s opening brief is currently due on

March 11, 2015. Counsel for ESG requests a 30-day extension of time to file its

brief, making the brief due on April 10, 2015. This is the first request for

extension of time to file the opening brief.

In addition to the routine matters that counsel must attend to in daily

practice, counsel for ESG is preparing opening briefs for submission on March 11

and March 12, 2015 in the following Second and Fifth Court of Appeals matters:

1. Nexion Health at North Richland Hills, Inc. v. Stephanie Street-Larson,

No. 02-15-00047-CV, in the Second Court of Appeals, Appellant’s

Opening Brief due March 11, 2015; and

2. Nexion Health at Garland, Inc. v. Christine Townsend, No. 05-15-00153-

CV, in the Fifth Court of Appeals, Appellant’s Opening Brief due March

12, 2015.

Counsel for ESG seeks this extension of time to be able to prepare a cogent

and succinct brief to aid this Court in its analysis of the issues presented. This

request is not sought for delay but so that justice may be done.

3 Counsel for ESG has conferred with Michael W. Huddleston, counsel for the

Defendant/Appellee, and he has indicated that his client does not oppose this

motion.

All facts recited in this motion are within the personal knowledge of the

counsel signing this motion, therefore no verification is necessary under Texas

Rule of Appellate Procedure 10.2.

PRAYER FOR RELIEF

For the reasons set forth above, Appellant requests that this Court grant this

Unopposed First Motion to Extend Time to File Appellant’s Brief and extend the

deadline for filing the Appellant’s Brief up to and including April 10, 2015. ESG

requests all other relief to which it may be entitled.

4 Respectfully submitted,

By: /s/ Weston M. Davis Gregory N. Ziegler Texas Bar No. 00791985 GZiegler@MacdonaldDevin.com Steven R. Baggett Texas Bar No. 01510680 GZiegler@MacdonaldDevin.com Weston M. Davis Texas Bar No. 24065126 WDavis@MacdonaldDevin.com

MACDONALD DEVIN, PC 1201 Elm Street 3800 Renaissance Tower Dallas, Texas 75270 214.744.3300 telephone 214.747.0942 facsimile

Attorneys for Appellant Elness, Swenson, Graham Architects, Inc.

CERTIFICATE OF SERVICE

The undersigned attorney certifies that a true and correct copy of the foregoing Unopposed First Motion to Extend Time to File Appellant’s Brief was served on all counsel of record in accordance with the Texas Rules of Appellate Procedure via e-Filing, on February 25, 2014.

/s/ Weston M. Davis Weston M. Davis

5 CERTIFICATE OF CONFERENCE

Pursuant to Tex. R. App. P. 10.1(5), I certify that counsel of ESG conferred

with opposing counsel who indicated that his client does not oppose this motion.

/s/ Weston M. Davis Weston M. Davis