Glen Sumner v. Board of Adjustments of the City of Spring Valley Village, Texas, the City of Spring Valley Village, Texas, Art Flores, Richard R. Rockenbaugh and Betty Lusk

Opinion

ACCEPTED

01-14-00888-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

4/29/2015 8:02:04 AM

CHRISTOPHER PRINE

CLERK

NO. 01-14-00888-CV

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FILED IN

1st COURT OF APPEALS

IN THE COURT OF APPEALS HOUSTON, TEXAS FOR THE FIRST DISTRICT OF TEXAS 4/29/2015 8:02:04 AM HOUSTON, TEXAS CHRISTOPHER A. PRINE Clerk

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GLEN SUMNER,

Appellant

V.

BOARD OF ADJUSTMENTS OF THE CITY OF SPRING VALLEY VILLAGE, TEXAS, THE CITY OF SPRING VALLEY VILLAGE, TEXAS, ART FLORES, RICHARD R. ROCKENBAUGH AND BETTY LUSK,

Appellee

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On Appeal from the 164th Judicial District Court of Harris County, Texas Trial Court Cause No. 2010-45239 Hon. Alexandra Smoots-Hogan Presiding

APPELLEES’ UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLEES’ BRIEF

TO THE HONORABLE FIRST COURT OF APPEALS:

Pursuant to Rules 10.5(b), 38.2, and 38.6 of the Texas Rules of Appellate Procedure, Appellees, Board of Adjustments of the City of Spring Valley Village, Texas, the City of Spring Valley Village, Texas, Art Flores, Richard R. Rockenbaugh, and Betty Lusk, file this Unopposed Motion to Extend Time to File Appellees’ Brief, and in support thereof would respectfully show the following:

A. On November 3, 2014, Appellant’s Notice of Appeal was received by this Court. The parties agreed to mediation which was unsuccessful. Appellant filed his Brief on March 5, 2013. Appellees file a Motion to Extend Time to File Appellees’ Brief. Appellees’ Motion was granted and Appellees’ Brief is now due to be filed on or before May 6, 2015.

B. Appellees request a thirty (30) day extension of time to file its Brief, which, if granted, would make the Appellees’ Brief due on or before Friday, June 5, 2015.

C. The undersigned has been preparing Appellees’ Brief, but will not be able to adequately complete the Response by May 6, 2015. The undersigned is and recently has been involved in a number of significant hearings in the trial courts, discovery matters, trial preparations, and drafting and responding to motions. Additionally, the undersigned is assigned to trial on May 6, 2015.

D. In light of these matters, this extension is requested through Friday, June 5, 2015, in order to allow Appellees’ counsel sufficient time to complete the Brief. Counsel for Appellees will provide additional reasons for this request to the Court, if helpful.

E. This is Appellees’ second request for an extension of time to file its Brief.

Appellees’ Motion to Extend

3

F. Counsel for Appellant has been contacted and is not opposed to this request, as set forth in the certificate of conference.

WHEREFORE, PREMISES CONSIDERED, Appellees respectfully request that this Court grant this Unopposed Motion to Extend Time for filing Appellees’ Brief, and set the deadline for filing the Brief on Friday, June 5, 2015.

Respectfully submitted:

By: /s/ Andrea Chan

Andrea Chan

State Bar No. 04086600

achan@olsonllp.com

Scott Bounds

State Bar No. 02706000

sbounds@olsonllp.com

Wortham Tower, Suite 600

2727 Allen Parkway

Houston, Texas 77019

Telephone: (713) 533-3800 Facsimile: (713) 533-3888

ATTORNEYS FOR APPELLEES

CERTIFICATE OF CONFERENCE

Appellees’ counsel contacted counsel for Appellant on April 28, 2015, and counsel is unopposed to this request to extend time for Appellees to file its Motion for Rehearing.

/s/ Andrea Chan

Andrea Chan

Appellees’ Motion to Extend

4

CERTIFICATE OF SERVICE

I hereby certify that on the 29th day of April 2015, a true and correct copy of the foregoing Appellees’ Unopposed Motion to Extend Time to File Appellees’ Brief was served by e-service on counsel for Appellant: J. Daniel Long, Elizabeth Harris, Crady, Jewett & McCulley, LLP, 2727 Allen Parkway, Suite 1700, Houston, Texas 77019.

/s/ Andrea Chan

Andrea Chan

Appellees’ Motion to Extend