in Re George Green and Garlan Green

Opinion

ACCEPTED 03-14-00725-CV 4260131 THIRD COURT OF APPEALS AUSTIN, TEXAS 2/24/2015 12:27:25 PM JEFFREY D. KYLE CLERK NO. 03-14-00725-CV

FILED IN 3rd COURT OF APPEALS IN THE AUSTIN, TEXAS THIRD COURT OF APPEALS 2/24/2015 12:27:25 PM AUSTIN, TEXAS JEFFREY D. KYLE Clerk

GEORGE GREEN Appellant

VS.

PORT OF CALL HOMEOWNERS ASSOCIATION, RANDOLPH HARIG, PHILLIP JACOBS, JOHN ROSS BUCHHOLTZ AND RICHARD PAT MCELROY

Appellees

On Appeal from the RD of LLANO COUNTY, TEXAS

APPELLEES’ SECOND AGREED MOTION TO EXTEND TIME TO FILE BRIEF

TO THE HONORABLE THIRD COURT OF APPEALS:

NOW COME PORT OF CALL HOMEOWNERS ASSOCIATION,

RANDOLPH HARIG, PHILLIP JACOBS, JOHN ROSS BUCHHOLTZ AND RICHARD PAT MCELROY (“Appellees”), filing their Second Motion to Extend

Time to File Brief1, and would show unto this Court as follows:

A. PARTIES

1. Appellant Garlan Green was a member of the Port of Call Homeowners

Association (HOA). Garlan Green has passed away.

2. Appellant George Green is Garlan’s son and has represented him in this suit

by a Power of Attorney. (CR 136).

3. Appellees are the HOA and individual board members.

B. INTRODUCTION

4. While subject to further discovery, the case involves claims against the

Appellees claiming they violated the organizational documents of the

Homeowners’ Association for breach of contract, the Property Code, and a breach

of fiduciary duty. Appellants seeking review of an order they claim to be an

injunction filed this Appeal. They base the appeal on §51.014(a)(4) and Chapter

65 of the Texas Civil Practice and Remedies Code. Appellees understand the

Order from which Appellants sought relief is a discovery sanction. Wood v

Moriarty, 940 S.W.2d 359 (Tex. App—Dallas, 1997, no pet.)

1 The first extension was not opposed.

-2- C. PROCEDURAL HISTORY

5. In the trial court, a motion was filed by the Appellees seeking protection

from Appellant George Green’s discovery actions. (CR 114-130) After an order

for protection was granted, Appellant George Green continued conduct Appellees

believed subject to the order of protection. Thus, Appellees filed a Motion to

Enforce the Order. (CR 153) A hearing was held on that Motion on October 14,

2014. (CR 175) The Judge granted the Motion to Enforce the Protective Order and

entered an Order on October 21, 2014. (CR 175)2 That is the order that is the

subject of this appeal.

6. Subsequently, the trial court held a hearing about the scope of the order

appealed and vacated that order.

7. As a result of the trial court’s action, Appellees have filed a Motion to

Dismiss the case because the order is moot.

8. The Appellant has responded.

D. EXTENSION OF DATE TO FILE BRIEF REQUESTED

9. Parties previously agreed to an extension of Appellees’ deadline to file their

Brief.

2 A copy of that Order was also attached to Appellant’s Docketing Statement.

-3- 10. Since that order, Appellees have filed a Motion to Dismiss the appeal

because of mootness as noted above.

11. The Parties have agreed to a two-week extension on the deadline for

Appellees to file a responsive brief from the time the Motion to Dismiss is ruled on

by the Court.

12. Under these circumstances, Appellees pray the Court grant this Motion and

extend their deadline to file their brief until two-weeks after the Motion to Dismiss

is ruled on by the Court.

E. CONCLUSION

WHEREFORE, PREMISES CONSIDERED, Appellees pray that the Court

of Appeals for the Third District of Texas at Austin extend the deadline for filing

of Appellees’ brief for two-weeks after the motion is ruled on and further pray for

further relief that they may be justly entitled to at law or in equity.

-4- Respectfully submitted,

WRIGHT & GREENHILL, P.C. 221 W. 6th Street, Suite 1800 Austin, Texas 78701 512/476-4600 512/476-5382 (Fax) rpringle@w-g.com hcoughlin@w-g.com mthompson@w-g.com

/s/ Mike Thompson, Jr. By: Brantley Ross Pringle, Jr. State Bar No. 16330001 Heidi A. Coughlin State Bar No. 24059615 Mike Thompson, Jr. State Bar No. 19898200

ATTORNEYS FOR APPELLEES PORT OF CALL HOMEOWNERS ASSOCIATION, RANDOLPH HARIG, PHILLIP JACOBS, JOHN ROSS BUCHHOLTZ AND RICHARD PAT MCELROY

CERTIFICATE OF CONFERENCE

Appellant agrees to a two-week extension for Appellees to file their brief from the time the Motion To Dismiss is decided.

NOTICE OF ELECTRONIC FILING

The undersigned counsel certifies that on the 24th day of February, 2015, he has electronically filed the foregoing document with the Third Court of Appeals Austin, Texas, Clerk’s Office using the electronic filing system through ProDoc efiling2 and counsel will send notification of such filing to Mr. David Junkin and Mr. L. Hayes Fuller, III.

-5- CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing has been served on the following via facsimile, in accordance with the Texas Rules of Civil Procedure, on this 24th day of February, 2015.

David Junkin LAW OFFICE OF DAVID JUNKIN P. O. Box 2910 Wimberley, TX 78676

L. Hayes Fuller, III NAMAN HOWELL SMITH & LEE, P.L.L.C 400 Austin Avenue, Suite 800 P. O. Box 1470 Waco, TX 75703-1470 /s/ Mike Thompson, Jr.

Brantley Ross Pringle, Jr. Heidi Coughlin Mike Thompson, Jr.

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