Fountains International Group, Inc. v. Summit Oak Development, LLC

• Court: Court of Appeals of Texas
• Decided: March 20, 2015
• Docket: 04-14-00205-CV
• Status: Published

Opinion

ACCEPTED 04-14-00205-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 3/20/2015 4:14:00 PM KEITH HOTTLE CLERK

NO. 04-14-00205-CV

FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS IN TT{E FOURTH COURT OF APPEALS 03/20/2015 4:14:00 PM SAN ANTONIO, TEXAS KEITH E. HOTTLE Clerk

FOUNTAINS INTERNATIONAL GROUP, INC. Appellant

V

SUMMIT OAK DEVELOPMENT,LLC Appellee

SUMMIT OAK DEVELOPMENT, LLC'S MOTION TO EXTEND DEADLINE TO FILE ITS MOTION F'OR REHEARING AND MOTION FOR EN BANC RECONSIDERATION

David R. Montpas State Bar No. 00794324 Kevin M. Young State Bar No. 22199700 PRICHARD, HAWKINS, MCFARLAND & YOUNG, LLP 10101 Reunion Place, Suite 600 San Antonio, Texas 78216 (210) 477-7400 - Telephone (210) 477-7450 - Telecopier

ATTORI\EYS FOR APPELLEE SUMMIT OAK DEVELOPMENT, LLC TO TI{E HONORABLE COURT OF APPEALS:

COMES NOW APPELLEE, Summit Oak Development, LLC ("Summit

Oak"), and submits this Motion to Extend Deadline to Files its Motion for

Rehearing and Motion for En Banc Reconsideration. VIA seeks an 18-day extension to file its motion for rehearing and motion for en banc reconsideration.

In support of this Motion, VIA shows as follows.

I. ST]MMIT OAK IIE,STS AN 18-DAY EXTENSION OF THE, CI]RRENT DEADLINE

The Court issued its opinion on March 11,2015, reversing and remanding

the judgment of the Trial Court. VIA's current deadline to file a motion for

rehearing is March 26, 2015. TBx. R. App. P. 49.1. Pursuant to Texas Rule of

Appellate Procedure 49.8, VIA requests an 18-day day extension - to Monday,

April 13, 2015 - to file its motion for rehearing and/or motion for en banc

reconsideration.

Summit Oak requests this extension due to scheduling issues with its

counsel. David Montpas is the head of Prichard Hawkins McFarland & Young's

appellate and litigation support group. Mr. Montpas has been assisting in the

preparation and trial of a case styled: John C. Wolft v. JW Hughes Excavation, Inc.

and John Winston Hughes, Jr., Cause No. L4-05-0365-CVA, in the 81't District

Court, Atascosa County, Texas. The case was tried from March 16 through March

2 20,2015. Kevin Young, also counsel of record for Summit Oak, seryes as trial

counsel in that case. As a result of the pre-trial preparation and trial of the case,

counsel for Summit Oak have yet to begin work on filing a motion for rehearing or

motion for en banc reconsideration in this case. Accordingly, as a result of

scheduling difficulties following the Court's issuance of its opinion, Summit Oak

requests this extension.

Summit Oak's counsel attempted to confer with Appellant's counsel on

March 20,2015 regarding this request. As of the filing of this motion, Appellant's

counsel had not indicated whether he opposes Summit Oaks' request.

This motion is not being filed for purposes of delay but so that justice may

be served.

il. PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellee Summit Oak

Development, LLC respectfully requests the Court of Appeals extend Summit Oak

Development, LLC's deadline to file its motion for rehearing and motion for en

banc reconsideration to Monday, April 13, 2015. Summit Oak Development, LLC

further requests any additional relief to which it is entitled.

a J Respectfully submitted,

/s/ David R. David R. Montpas - Lead Appellate Counsel State Bar No. 00794324 Kevin M. Young State Bar No. 22199700

PRICHARD, HAWKINS, MCFARLAND & YOUNG, LLP 10101 Reunion Place, Suite 600 San Antonio, Texas 78216 (210) 477-7400 - Telephone (210) 477-7450 - Telecopier

ATTORNEYS FOR APPELLEE SUMMIT OAK DEVELOPMENT, LLC

CERTIFICATE OF SERVICE

The undersigned certifies that a true, correct and complete copy of the preceding document \¡/as served, pursuant to Texas Rule of Appellate Procedure 9.5, viatelecopier on the 20th day of March,2015 to the following:

Mr. Kevin'W. Stouwie Law Office of Kevin W. Stouwie 3238 N.W. Loop 410 San Antoni o, Texas 7 8213-281 I (210) 7 45-4845 - Telephone (210) 7 45 -4825 - Telecopier

lslDavidR. Montpas David R. Montpas

4 CERTIFICATE OF CONFERENCE

The undersigned certifies, pursuant to Texas Rule of Appellate Procedure 10.1(5), he attempted to confer with Appellant's counsel on March 20,2015. As of the frling of this motion, however, Appellant's counsel has not yet responded to the undersigned's inquiry or indicated whether he opposes the requested extension. Counsel for Summit Oaks will update the Court if and when he hears from Appellant's counsel regarding the requested extension.

/s/ David R. David R. Montpas