Fakhrealam Atiq v. CoTechno Group, Inc.

Opinion

ACCEPTED 03-13-00762-CV 6158737 THIRD COURT OF APPEALS AUSTIN, TEXAS 7/21/2015 2:18:35 PM JEFFREY D. KYLE CLERK CAUSE NO. 03-13-00762-CV ________________________________________ FILED IN IN THE THIRD COURT OF APPEALS 3rd COURT OF APPEALS AUSTIN, TEXAS AUSTIN, TEXAS 7/21/2015 2:18:35 PM ________________________________________ JEFFREY D. KYLE Clerk FAKHREALAM ATIQ,

Appellant,

v.

COTECHNO GROUP, INC.

Appellee. ________________________________________

MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S MOTION FOR REHEARING OR MOTION FOR EN BANC RECONSIDERATON ________________________________________

On Appeal from the 207th Judicial District Court of Hays County, Texas ________________________________________

Tracy J. Willi Texas State Bar No. 00784633 Willi Law Firm, P.C. 9600 Escarpment Blvd., Ste. 745, PMB 34 Austin, Texas 78749 Tel. (512) 288-3200 Fax (512) 288-3202 twilli@willi.com

ATTORNEY FOR APPELLEE, COTECHNO GROUP, INC. MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S MOTION FOR REHEARING OR MOTION FOR EN BANC RECONSIDERATION

CoTechno Group, Inc., Appellee, files this Motion for Extension of Time to File

Appellee’s Motion for Rehearing or Motion for En Banc Reconsideration and would

show this Court as follows.

The trial court in this case entered an order denying Appellant’s special

appearance on October 23, 2013. On July 9, 2015, this Court issued an opinion reversing

the trial court’s decision. The Appellee’s Motion for Rehearing or Motion for En Banc

Reconsideration is due to be filed on July 24, 2015. Due to conflicts with matters

currently pending on the docket for counsel for Appellee in the Houston First Court of

Appeals and in the Dallas Court of Appeals, counsel for Appellee will not have time to

thoroughly consider or prepare a motion for rehearing in this time period. Pursuant to

Rule 49.8 of the Texas Rules of Appellate Procedure, Appellee files this motion

requesting an extension of thirty days to file its Motion for Rehearing or Motion for En

Banc Reconsideration.

Therefore, Appellee requests the deadline for Appellee’s Motion for Rehearing or

Motion for En Banc Reconsideration to be extended for thirty days from July 24, 2015, to

August 24, 2015. This motion is filed not for delay but so that justice can be done.

2 Respectfully submitted,

/s/ Tracy J. Willi Tracy J. Willi Texas State Bar No. 00784633 Willi Law Firm, P.C. 9600 Escarpment Blvd., Ste. 745, PMB 34 Austin, Texas 78749 (512) 288-3200 (512) 288-3202 (fax) twilli@willi.com

ATTORNEY FOR APPELLEE, COTECHNO GROUP, INC.

CERTIFICATE OF CONFERENCE

I hereby certify that I conferred with opposing counsel and he is opposed to this motion.

/s/ Tracy J. Willi Tracy J. Willi

3 CERTIFICATE OF FILING AND SERVICE

I hereby certify that this document was filed with Clerk of Court through the Court’s electronic filing system (“efs”) and served on all counsel of record by the same manner on July 21, 2015 or by facsimile if counsel is not registered for service through the efs, as follows:

James G. Ruiz Andrew Schumacher Winstead PC 401 Congress Avenue, Suite 2100 Austin, TX 78701 (512) 370-2818 (512) 370-2850 (fax)

ATTORNEYS FOR APPELLANT, FAKHREALAM ATIQ

Robert Tyler Tyler & Casteel 1812 Centre Creek Dr., Suite 110 Austin, TX 78754 (512) 201-1500 (512) 201-1505 (fax)

ATTORNEY FOR APPELLEE, COTECHNO GROUP, INC. /s/ Tracy J. Willi Tracy J. Willi