In Re: Purported Affidavit for Mechanic's Lien Under the Construction of Texas, Recorded as Doc. 20220072420 of the Official Public Records of Real Property of El Paso County, Texas v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 28, 2024
• Docket: 08-24-00310-CV
• Status: Published

Opinion

ACCEPTED 08-24-00310-CV EIGHTH COURT OF APPEALS EL PASO, TEXAS 08-24-00310-CV 10/28/2024 3:34 PM ELIZABETH G. FLORES CLERK

No. 08-24-00310-CV

FILED IN IN THE EIGHTH COURT OF APPEALS 8th COURT OF APPEALS EL PASO, TEXAS EL PASO, TEXAS 10/28/2024 3:34:07 PM ELIZABETH G. FLORES Clerk P&K BUILDERS, LLC,

APPELLANT, V.

J&M PROPERTIES I, LLC AND J&M PROPERTIES ONE, LLC.

APPELLEES.

On Appeal form the 171st District Court of El Paso County, Texas Trial Court Cause No. 2024DCV2878

APPELLEES’ SECOND (UNOPPOSED) MOTION FOR LEAVE TO FILE APPELLEES’ BRIEF AFTER THE DEADLINE

TO THE HONORABLE JUSTICES:

Appellees, J&M PROPERTIES I, LLC and J&M PROPERTIES ONE, LLC, by and

through the undersigned counsel, respectfully submit this Second Motion for Leave to File

Appellees’ Brief After the Deadline. Appellees are asking the Court to permit Appellee to

file their Appellees’ Brief on or before October 25, 2024 or such later day as the brief may

accepted by the Clerk. In support, Appellees would show the Court as follows:

1. After the first extension granted by the Court, October 22, 2024 was the

deadline for filing Appellees’ brief in this appeal.

1 2. On October 21, 2024, Appellees filed their Appellees’ Brief . . . under the

wrong case number, i.e., the case number for the other appeal to this Court by Appellant,

Appeal No. 08-24-00151-CV. As a result, Appellees have filed two Appellees’ Briefs in

the earlier appeal (08-24-00151-CV) and none in this appeal (08-24-00310-CV)

3. On October 25, 2024, the Clerk kindly notified the undersigned counsel by

telephone of the failure to file an Appellees’ Brief in this appeal.

4. Appellees promptly corrected the error and, on that same day, October 25,

2024, filed the Appellees’ Brief – with the correct case number – in this appeal.

5. The failure to file the brief on time was due to a genuine inadvertent filing

error. Indeed, Appellees filed their brief on time on October 21, 2024, . . . and, as a result

of an innocent error, Appellees filed the brief under the wrong appeal number.

6. The undersigned counsel for Appellees has communicated with Appellant’s

counsel regarding this motion. Appellant’s counsel has advised that this motion is

UNOPPOSED.

7. Pursuant to Texas Rules of Appellate Procedure 38.8(a)(1–2), the Court may

accept a late-filed brief if the late-filing party reasonably explains the failure to file on time

and the opposing party is not significantly injured by the delay.

8. Appellant is not opposed.

9. Appellees respectfully ask the Court to exercise its discretion to grant this

motion and allow the late filing of Appellees’ brief.

FOR THE FOREGOING REASONS, Appellees respectfully pray that the Court will grant

this motion and permit Appellees to file their brief on or before October 25, 2024 (or such

2 later date as the Clerk may accept the Appellees’ Brief electronically filed herein on

October 25, 2024). Appellees further pray for any other relief to which they may be justly

entitled.

Respectfully submitted,

SCOTTHULSE PC One Jacinto Plaza 201 E. Main Street, Ste. 1100 El Paso, Texas 79901 (915) 533-2493 (915) 546-8333 Facsimile

By: /s/Robert R. Feuille ROBERT R. FEUILLE Texas Bar No. 06949100 bfeu@scotthulse.com

Attorney for Appellees, J&M PROPERTIES I, LLC AND J&M PROPERTIES ONE, LLC

3 CERTIFICATE OF SERVICE

In compliance with Texas Rule of Civil Procedure 21a(e), I certify that on this 9th day of October 10, 2024, a true and correct copy of the foregoing document filed electronically with the clerk of the court in accordance with Texas Rule of Procedure 21 (f)(1) is served on the party or attorney electronically pursuant to Texas Rule of Civil Procedure 21a (a)(1), or if the e-mail address of the party or attorney is not on file with the electronic filing manager then service is accomplished pursuant to Texas Rule of Civil Procedure 21a(a)(2).

Also, the following counsel for Appellant are served with the foregoing document by email:

Robert R. Burford Daniel Rodriguez State Bar No. 03371700 State Bar No. 24116980 Burford Perry, LLP Burford Perry, LLP 909 Fannin St., Suite 2630 909 Fannin St., Suite 2630 Houston, Texas 77010 Houston, Texas 77010 Phone: (713) 401-9790 Phone: (713) 401-9790 Facsimile: (713)-993-7739 Facsimile: (713)-993-7739 Service@burfordperry.com drodriguez@burfordperry.com

By: /s/ Robert. R. Feuille ROBERT R. FEUILLE

4 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Christina Mendoza on behalf of Robert Feuille Bar No. 6949100 calv@scotthulse.com Envelope ID: 93657483 Filing Code Description: Motion Filing Description: Appellees Second Unopposed Motion for Leave to File Appellees Brief After the Deadline Status as of 10/28/2024 4:18 PM MST

Associated Case Party: J&M Properties I, LLC

Name BarNumber Email TimestampSubmitted Status

Robert R.Feuille bfeu@scotthulse.com 10/28/2024 3:34:07 PM SENT

Johnna Moss jmos@scotthulse.com 10/28/2024 3:34:07 PM SENT

Christina Alvarado calv@scotthulse.com 10/28/2024 3:34:07 PM SENT

Case Contacts

Burford Perry Service service@burfordperry.com 10/28/2024 3:34:07 PM SENT

Daniel Rodriguez drodriguez@burfordperry.com 10/28/2024 3:34:07 PM SENT

Matthew Kevin Powers kpowers@burfordperry.com 10/28/2024 3:34:07 PM ERROR