in Re Irving Drobny, as Representative of National Accident Insurance Group and National Accident Insurance Underwriters

Opinion

ACCEPTED 01-15-00435-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 9/17/2015 11:31:09 AM CHRISTOPHER PRINE CLERK

Cause No. 01-15-00435-CV

In the First Court of Appeals FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 9/17/2015 11:31:09 AM Houston, Texas CHRISTOPHER A. PRINE ___________________________________ Clerk

Irving Drobny, as the Representative of NAIU and NAIC, Appellant

v.

American National Insurance Company, Appellee

____________________________________

From the 405th Judicial District Court Galveston County, Texas Trial Court Cause No. 12-CV-1131

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF

Janet L. Rushing GREER, HERZ & ADAMS, L.L.P. 2525 South Shore Blvd., Ste. 203 League City, Texas 77573 (409) 797-3200 (Telephone) (866) 422-4406 (Facsimile) jrushing@greerherz.com

Cause No. 01-15-00435-CV

In the First Court of Appeals

Houston, Texas

___________________________________

Irving Drobny, as the Representative of NAIU and NAIC, Appellant

v.

American National Insurance Company, Appellee

____________________________________

From the 405th Judicial District Court Galveston County, Texas Trial Court Cause No. 12-CV-1131

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF

TO THE HONORABLE FIRST COURT OF APPEALS:

Appellee American National Insurance Company files this unopposed

motion asking for an extension of time in which to file its brief. This suit is before

the Court on interlocutory appeal from the trial court’s denial of a motion to vacate

an arbitration award.

2

Appellant’s brief was filed on August 20, 2015. Appellee’s brief is currently

due on September 21, 2015. This motion is therefore timely filed. Appellee has not

previously requested an extension of time in this appeal. Appellee respectfully

requests a twenty five-day extension of time in which to file its brief. If the Court

grants this request, Appellee’s brief would due on October 16, 2015. As noted in

the certificate of conference, below, counsel for Appellant is unopposed to this

request.

Good cause exists for this request. During the time in which Appellee’s brief

came due, the below-signed counsel has been engaged in discovery matters

involving significant discovery requests in a case pending in the Superior Court for

the State of California, County of Sacramento and in interviewing witnesses and

preparing a position statement for the EEOC. The undersigned has also been, or

will be, out of office to attend to an ill family member and out of the state to

interview witnesses in a potential lawsuit against a client, for a funeral, and for a

CLE event scheduled before the due date for this brief was established.

This extension of time is not sought for delay, but is brought solely so that

justice may be done.

Appellee respectfully prays the Court grant this unopposed Motion, and

order that its brief be due on October 16, 2015. Appellee further requests all other

relief to which it is entitled, whether at equity or law.

3

Respectfully submitted,

GREER, HERZ & ADAMS, L.L.P.

/s/ Janet L. Rushing Janet L. Rushing State Bar No. 17403100 Roni S. Mihaly State Bar No. 24027899 2525 South Shore Blvd., Ste. 203 League City, Texas 77573 (409) 797-3200 (Telephone) (281) 538-3791 (Facsimile) jrushing@greerherz.com rmihaly@greerherz.com

CERTIFICATE OF CONFERENCE

I hereby certify I have conferred with counsel for Appellant and that counsel for Appellant is UNOPPOSED to this motion.

/s/ Roni S. Mihaly Roni S. Mihaly

4

CERTIFICATE OF SERVICE

I certify that on the 17th day of September, 2015, a copy of the foregoing document was served pursuant to Texas Rule of Appellate Procedure 9.5 upon the following counsel of record:

Ms. Savannah Robinson CMRRR 7013 2250 0000 5664 4074 Law Office of Savannah Robinson 1822 Main St. Danbury, Tx 77534

/s/ Roni S. Mihaly Roni S. Mihaly