Horse Hollow Generation Tie, LLC// Whitworth-Kinsey 2, Ltd. v. Whitworth-Kinsey 2, Ltd. Whitworth-Kinsey 3, Ltd. And David Olen Whitworth// Cross-Appellee, Horse Hollow Generation Tie, LLC

Opinion

ACCEPTED 03-13-00599-CV 4853094 THIRD COURT OF APPEALS AUSTIN, TEXAS 4/10/2015 6:02:16 PM JEFFREY D. KYLE CLERK No. 03-13-00599-CV

In the FILED IN 3rd COURT OF APPEALS COURT OF APPEALS AUSTIN, TEXAS for the 4/10/2015 6:02:16 PM THIRD DISTRICT OF TEXAS JEFFREY D. KYLE Clerk

Horse Hollow Generation Tie LLC, Appellant, v. Whitworth-Kinsey #2, Ltd., Whitworth-Kinsey #3, Ltd., and David Olen Whitworth, Appellees.

Appeal from the 119th District Court Concho County, Texas Honorable Garland B. Woodward, Judge Presiding

APPELLANT’S MOTION TO RESCHEDULE ORAL ARGUMENT

TO THE HONORABLE COURT OF APPEALS:

Horse Hollow Generation Tie LLC (“HHGT”) respectfully moves the Court

for a brief postponement and re-scheduling of the May 6, 2015 oral argument

recently set by the Court. In support of this motion, HHGT would show the Court

as follows.

APPELLANT’S MOTION TO RESCHEDULE ORAL ARGUMENT Page 1 01827-907/4822-3512-5027 1. This motion is filed in accordance with Texas Rule of Appellate

Procedure 10.5(c). The facts stated herein are within the personal knowledge of

the undersigned attorney and therefore need not be supported by affidavit. See

Tex. R. App. P. 10.2.

2. Appellant is Horse Hollow Generation Tie LLC. Jeff Tillotson is

lead counsel for Appellant.

3. Appellees are Whitworth-Kinsey #2, Ltd., Whitworth-Kinsey #3, Ltd.

and David Olen Whitworth.

4. On February 27. 2105, the Court set this matter for oral argument on

April 9, 2015.

5. On March 5, 3015, Appellees filed their Unopposed Motion for

Continuance of Submission and Oral Argument. The request – which Appellants

did not oppose – was due to a conflict on the part of Appellees’ counsel.

6. On March 6, 2015, the Court granted the request.

7. On March 24, 2015, the Court reset the matter for oral argument on

May 6, 2015.

8. Unfortunately, the new date now conflicts with a long-scheduled

personal trip for Lead Counsel for Appellant (Mr. Tillotson) and his spouse. The

trip was booked last year and is for the period of May 4 through May 17, 2015.

The trip involves travel to China and is prepaid and non-refundable.

APPELLANT’S MOTION TO RESCHEDULE ORAL ARGUMENT Page 2 01827-907/4822-3512-5027 9. Lead Counsel spent some time consulting with his client as to whether

other lawyers within his firm could present the oral argument. After due

consideration, the client has requested that Mr. Tillotson handle the argument

given his long time involvement on this matter (Mr. Tillotson tried the underlying

case now on appeal and is responsible for the appellate briefing).

10. In deference to his client’s request, Mr. Tillotson now respectfully

asks the Court to reset the oral argument for a date after May 17, 2015.

11. The undersigned realizes that this is a second request for re-

scheduling (although the first by Appellees) but submits that such a re-scheduling

is in the interest of justice and will no doubt promote domestic harmony.

12. The Court has authority to postpone oral argument in this case upon a

showing of sufficient cause. See Tex. R. App. P. 10.5(c). The undersigned

believes that good cause has been demonstrated.

13. In addition, counsel for Appellant has conferred with opposing

counsel who stated that they do not oppose this request.

PRAYER

Appellant hereby request that the Court re-schedule the oral argument and

submission of this case to a date after May 17, 2015.

APPELLANT’S MOTION TO RESCHEDULE ORAL ARGUMENT Page 3 01827-907/4822-3512-5027 Dated: April 10, 2015 Respectfully submitted,

Jeffrey M. Tillotson, PC State Bar No. 20039200 Christopher J. Schwegmann State Bar No. 24051315 David S. Coale State Bar No. 00787255 Lynn Tillotson Pinker & Cox, LLP 2100 Ross Avenue, Suite 2700 Dallas, Texas 75201 214-981-3800 - Telephone 214-981-3839 – Facsimile Attorneys for Cross-Appellee/Appellant

CERTIFICATE OF CONFERENCE The undersigned counsel certifies that on April 7, 2015, I personally conferred with Matthew F. Wymer, counsel for Appellees Whitworth-Kinsey #2, Ltd., Whitworth-Kinsey #3, Ltd. And David Olen Whitworth and that Mr. Wymer did not oppose the relief sought by this motion.

Jeffrey M. Tillotson, P.C.

APPELLANT’S MOTION TO RESCHEDULE ORAL ARGUMENT Page 4 01827-907/4822-3512-5027 CERTIFICATE OF SERVICE The undersigned certified that on April 10, 2015, the foregoing Motion to Postpone Oral Argument was electronically filed with the Clerk for the Third Court of Appeals. A copy was also served by email upon the following:

Laird Palmer Law Offices of Laird Palmer 341 Ft. McKavitt P.O. Box 860 Mason, Texas 76856 325-347-6350 – Telephone 325-347-6334 – Facsimile Email: Lplaw@tstar.net

Matthew F. Wymer Beirne, Maynard & Parsons 112 East Pecan Street, Suite 2750 San Antonio, Texas 78205 210-582-0220 – Telephone 210-582-0231 – Facsimile Email: mwymer@bmpllp.com

4822-3512-5027, v. 2

APPELLANT’S MOTION TO RESCHEDULE ORAL ARGUMENT Page 5 01827-907/4822-3512-5027