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 6599541 THIRD COURT OF APPEALS AUSTIN, TEXAS 8/21/2015 12:11:46 PM JEFFREY D. KYLE CLERK

No. 03-15-00335-CV FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 8/21/2015 12:11:46 PM IN THE THIRD COURT OF APPEALS JEFFREY D. KYLE AUSTIN, TEXAS Clerk

HERBERT ROLNICK, Appellant

V.

SIGHT’S MY LINE, INC., A FLORIDA CORPORATION; STEWART LANTZ; RIGGS, ALESHIRE & RAY; BLAZIER, CHRISTENSEN, BIGELOW & VIRR; AND ADAMS & GRAHAM, Appellees

Interlocutory Appeal from the 200th Judicial District Court in Travis County, Texas, The Honorable Tim Sulak, Presiding

UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S REPLY BRIEF

TO THE HONORABLE JUSTICES OF THE COURT:

Pursuant to Texas Rule of Appellate Procedure 38.6(d), Appellant

Herbert Rolnick respectfully files this unopposed motion asking the

Court to extend the deadline to file his Appellant’s Reply Brief fourteen

days from August 25, 2015 to September 8, 2015. This is the first motion

for extension of time Appellant has filed with respect to his Reply Brief.

1 1. The trial court signed the order overruling Appellant’s special

appearance on May 14, 2015. Appellant filed his Notice of Appeal on June

3, 2015. The court reporter filed the reporter’s record on June 10, 2015.

The district clerk filed the clerk’s record in this Court on June 12, 2015.

Appellant Rolnick filed his Appellant’s Brief on July 9, 2015.

2. Appellee Riggs, Aleshire & Ray, P.C. filed its Brief of Appellee

on July 29, 2015. Appellee Adams & Graham, L.L.P. filed its Brief of

Appellee on August 5, 2015. Appellees Sight’s My Line, Inc. and Stewart

Lantz filed their Brief of Appellees on August 5, 2015. The Appellees’

Briefs filed by August 5, 2015, taken together are sufficiently similar that

Appellant Rolnick planned to file a single Reply Brief addressing all of

them.

3. As of August 5, 2015, however, Appellee Blazier, Christensen,

Bigelow & Virr, P.C. had not filed a brief or a motion for extension of time

in which to file its brief. In a letter dated August 5, 2015, the Court

notified counsel for Appellee Blazier, Christensen, Bigelow & Virr, P.C.

that its brief was overdue and sought a “satisfactory response” to the

notice by August 17, 2015. As of the time this motion is being filed, the

undersigned has not been served with a response to the Court’s letter.

The Court’s website does not reflect that Appellee Blazier, Christensen,

Bigelow & Virr, P.C. has filed a brief or a response to the Court’s letter.

2 4. Accordingly, the undersigned calculates that Appellant

Rolnick’s Reply Brief is currently due to be filed on or before August 25,

2015. Appellant is requesting an additional fourteen days or until

September 8, 2015 in which to file his Appellant’s Reply Brief, for the

following reasons. • The undersigned is lead appellate counsel for Appellant in this cause. On August 3, 2015, the undersigned learned that a default judgment in excess of $2,000,000 had been rendered against one of her clients. Since that time, the majority of the undersigned’s time has been spent preparing the necessary post-judgment motions and gathering the evidence (including multiple affidavits) necessary to challenge that default judgment. The post-judgment motions in that matter must be filed on or before August 26, 2015 • Since late March 2015, the undersigned has been receiving medical care to treat complications from a viral illness. The undersigned’s health has improved, and she is able to work full-time most weeks. The undersigned, however, still regularly experiences side effects from certain treatments she continues to receive. As a result, she still must be out of her office frequently for doctor visits, has to work from home several days each month, and has to limit weekend-time in her office. • The undersigned is lead appellate counsel for one of the lawyer-defendants in a complex family-law matter in which claims against two lawyers have been joined. Although the trial court recently granted summary judgment in favor of the two lawyers, the opposing party continues to file motions. For example, on August 4, 2015, the trial court notified the undersigned to respond to the opposing party’s motion for reconsideration (filed July 29) by August 10, 2015. This deadline interrupted work on the brief in the instant case, as well as work on the default matter discussed above.

3 The above-described matters have prevented the undersigned from

completing the Appellant’s Reply Brief in the instant cause by August 25,

2015 and justify the request for an additional fourteen days in which to

complete that brief. Appellant therefore requests the Court to extend the

current deadline for the Appellant’s Reply Brief from August 25, 2015

until September 8, 2015.

CERTIFICATE OF CONFERENCE

On August 20, 2015, counsel for each appellee was contacted to

confer on this motion. Counsel for each appellee informed the

undersigned’s office that there was no objection to the extension

requested in this motion.

WHEREFORE, PREMISES CONSIDERED, Appellant Herbert

Rolnick respectfully prays for the Court to grant this Unopposed First

Motion for Extension of Time to File Appellant’s Reply Brief. Appellant

also prays for such other relief to which he may be entitled.

4 Respectfully submitted,

RUTH G. MALINAS Texas Bar No. 08399350 TIM T. GRIESENBECK, JR. Texas Bar No. 08454450 SCOTT M. NOEL Texas Bar No. 00797158 Plunkett & Griesenbeck, Inc. Catholic Life Building, Suite 900 1635 N.E. Loop 410 San Antonio, Texas 78209 (210) 734-7092 (telephone) (210) 734-0379 (facsimile) rmalinas@pg-law.com

/s/ Ruth G. Malinas RUTH G. MALINAS

COUNSEL FOR APPELLANT HERBERT ROLNICK

CERTIFICATE OF SERVICE

This will certify that a true and correct copy of the foregoing Unopposed First Motion for Extension of Time to File Appellant’s Reply Brief has been served electronically through the Texas electronic filing manager this 21st day of August, 2015, on the following attorneys of record:

J. Hampton Skelton Brandon Duane Gleason Skelton & Woody 248 Addie Roy Road, Suite B-302 Austin, TX 78746 hskelton@skeltonwoody.com bgleason@skeltonwoody.com Attorneys for Sight’s My Line, Inc., a Florida Corporation and Stewart Lantz

5 Scott R. Kidd Scott V. Kidd Kidd Law Firm 819 W. 11th Street Austin, TX 78701 scott@kiddlawaustin.com svk@kiddlawaustin.com Attorneys for Riggs, Aleshire & Ray

Michael B. Johnson Salvador Davila Thompson, Coe, Cousins & Irons, LLP 701 Brazos, Suite 1500 Austin, TX 78701 mjohnson@thompsoncoe.com sdavila@thompsoncoe.com Attorneys for Blazier, Christensen, Bigelow & Virr

Robert E. Valdez Jose “JJ” Trevino, Jr. Valdez, Jackson & Trevino, PC 1826 North Loop 1604 West, Suite 275 San Antonio, TX 78248 revaldez@vjtlawfirm.com jtrevino@vjtlawfirm.com Attorneys for Adams & Graham

/s/ Ruth G. Malinas RUTH G. MALINAS