Garden Ridge, L.P. v. Clear Lake Center, L.P.

• Court: Court of Appeals of Texas
• Decided: December 9, 2015
• Docket: 14-15-00695-CV
• Status: Published

Opinion

ACCEPTED 14-15-00695-cv FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 12/9/2015 4:27:27 PM CHRISTOPHER PRINE CLERK

No. 14-15-00695-CV

FILED IN 14th COURT OF APPEALS In The Fourteenth Court Of Appeals HOUSTON, TEXAS Houston, Texas 12/9/2015 4:27:27 PM CHRISTOPHER A. PRINE Clerk GARDEN RIDGE, L.P., Appellant

V.

CLEAR LAKE CENTER, L.P., Appellee

From the 215th District Court, Harris County, Texas Cause No. 2009-58038, consolidated with Cause No. 2012-46099

Appellee/Cross-Appellant’s Unopposed Motion for Extension of Time to File Brief

Appellee/Cross-Appellant Clear Lake Center, L.P. (“Appellee/Cross-

Appellant”) files this motion for extension of time to file its Appellee’s brief and

its Cross-Appellant’s brief pursuant to Texas Rules of Appellate Procedure 10.5(b)

and 38.6(d).

Appellee/Cross-Appellant’s Brief is was due on December 2, 2015. This is

the second request for extension.

This motion is not brought for purpose of delay, rather that justice may be

done.

20020862.20090455/2282086.1 Appellee/Cross-Appellant requests a 15 day extension to file

Appellee/Cross-Appellant’s Brief. Reasons for this extension include the

following:

a. While preparing the briefs, omissions of materials from the

Reporter’s Record were discovered. Notwithstanding the

Reporter’s prompt and gracious assistance, time was lost.

Appellee/Cross-Appellant respectfully asks the Court to extend the time for

filing Appellee/Cross-Appellant’s brief for an additional 15 days or such other

period as the Court may determine.

Respectfully submitted,

HIRSCH & WESTHEIMER, P.C.

By:/s/ Michael D. Conner Eric Lipper State Bar No. 12399000 elipper@hirschwest.com Michael D. Conner State Bar No. 04688650 mconner@hirschwest.com 1415 Louisiana, 36th Floor Houston, Texas 77002 Telephone: 713-223-5181 Facsimile: 713-223-9319

Attorneys for Appellee/Cross-Appellant Clear Lake Center, L.P.

20020862.20090455/2282086.1 2 Certificate of Compliance

I do hereby certify that this document complies with the typeface requirements of Texas Rule of Appellate Procedure 9.4(e) because it has been prepared in a proportionally spaced typeface using Microsoft Word 2013 in 14 point Times New Roman font.

/s/ Michael D. Conner Michael D. Conner

Certificate of Conference and Certificate of Service

On December 9, 2015, I e-mailed Heidi Bloch, attorney representing Appellant. She is not opposed to this Motion.

I hereby certify that on this 9th day of December, 2015, a true and correct copy of the foregoing document was served as follows:

Stephen W. Lemmon Heidi Bloch Husch Blackwell LLP 111 Congress Avenue, Suite 1400 Austin, Texas 78701 Phone: 512.472.5456 Fax: 512.479.1101 Stephen.Lemmon@huschblackwell.com heidi.bloch@huschblackwell.com Via E-Service

20020862.20090455/2282086.1 3