Herbert Rolnick v. Sight's My Line, Inc., a Florida Corporation Stewart Lantz Riggs, Aleshire & Ray Blazier, Christensen, Bigelow & Vir, P.C. And Adams & Graham

Opinion

ACCEPTED 03-15-00335-CV 6256176 THIRD COURT OF APPEALS AUSTIN, TEXAS 7/28/2015 2:36:11 PM JEFFREY D. KYLE CLERK NO. 03-15-00335-CV

FILED IN IN THE COURT OF APPEALS FOR THE THIRD JUDICIAL3rd COURT OF APPEALS DISTRICT AUSTIN, TEXAS AUSTIN, TEXAS 7/28/2015 2:36:11 PM JEFFREY D. KYLE Clerk HERBERT ROLNICK

Appellant,

v.

SIGHT’S MY LINE, INC.; STEWART LANTZ; RIGGS, ALESHIRE & RAY, P.C.; BLAZIER, CHRISTENSEN, BIGELOW & VIRR, P.C.; ADAMS & GRAHAM, L.L.P.

Appellees.

On Interlocutory Appeal from the 200th Judicial District Court Travis County, Texas

APPELLEE ADAMS & GRAHAM, L.L.P.’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF

TO THE HONORABLE COURT:

Appellee Adams and Graham, L.L.P. respectfully files this unopposed

motion asking the Court to extend the deadline to file its Appellee’s Brief by seven

days, from July 29, 2015 to August 5, 2015.

In support of its motion, Appellee shows as follows:

1. Appellee’s brief is due on or before July 29, 2015.

{00156739} 2. Appellee requests an additional seven days in which to file its brief due to its

lead counsel’s previous commitments before Appellant’s brief was filed.

Appellee’s lead counsel has participated in two full day mediations, one of

them requiring travel to Midland. Lead counsel has also conducted full day

mediation. All mediations have required extensive preparation. Lead counsel

has also traveled out of town to present at the 2015 Texas Bar CLE for

Advanced Insurance Law. The foregoing, in addition to work in other cases,

will prevent the undersigned from completing Movant’s brief by the current

deadline.

3. This is Appellee’s first motion for an extension of time to file its brief.

4. The relief sought by this motion is so that justice may be done, and is not

sought solely for delay, or any other improper purpose.

5. The Court has already granted an extension of time for Co-Appellees

Stewart Lantz and Sight’s My Line, Inc. to file their brief until August 5,

2015. Thus, the Court’s consideration of this case will not be impaired by

granting the relief sought by Appellee Adams and Graham, L.L.P.

6. Appellee therefore prays that the Court extend the current deadline for its

brief from July 29, 2015 until August 5, 2015.

{00156739} Respectfully submitted,

VALDEZ, JACKSON & TREVIÑO, P.C. Plaza Las Campanas 1826 N. Loop 1604 W. Suite 245 San Antonio, Texas 78248 210-598-8686 – Telephone 210-598-8797 – Fax

/S/ Robert E. Valdez Robert E. Valdez State Bar No. 20428100 revaldez@vjtlawfirm.com Joseph E. Cuellar State Bar No. 24082879 jcuellar@vjtlawfirm.com ATTORNEYS FOR APPELLEE ADAMS & GRAHAM, L.L.P.

{00156739} CERTIFICATE OF CONFERENCE

The undersigned has communicated with counsel for all parties, all of whom

stated they do not oppose Appellee Adams & Graham’s Unopposed Motion

Extension of Time to File Brief.

/s/ Joseph E. Cuellar Joseph E. Cuellar

{00156739} CERTIFICATE OF SERVICE

I certify that the forgoing document has been served upon the following

counsel of record via electronic service on July 28, 2015:

J. Hampton Skelton Craig S. Hilliard Brandon Gleason STARK & STARK SKELTON & WOOD A Professional Corporation 248 Addie Roy Road, Suite B-302 P.O. Box 5315 Austin, Texas 78746 Princeton, New Jersey 08543-2315 Attorneys for Plaintiffs Attorneys for Plaintiffs

Michael B. Johnson Scott R. Kidd THOMPSON COE, COUSINS & IRONS, Scott V. Kidd L.L.P. KIDD LAW FIRM 701 Brazos, Suite 1500 819 W. 11th Street Austin, Texas 78701 Austin, Texas 78701 Attorneys for Defendant Blazier, Attorneys for Defendant Riggs Aleshire Christensen, Bigelow & Virr, P.C. & Ray, P.C.

Ruth Malinas Tim T. Griesenbeck Scott M. Noel PLUNKETT & GRIESENBECK, INC. 1635 N. E. Loop 410 Suite 900 San Antonio, Texas 78209 Attorneys for Defendant Herbert Rolnick

/s/ Joseph E. Cuellar Joseph E. Cuellar

{00156739}