Jack Rettig v. Ronald E. Bruno, Christopher Garcia, Sergio Lopez, Patrick G. Mendoza, and Troy J. Williams

Opinion

ACCEPTED 04-15-00350-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 8/6/2015 3:06:34 PM KEITH HOTTLE CLERK

No. 04-15-00350-CV FILED IN 4th COURT OF APPEALS IN THE COURT OF APPEALS FOR THE SAN ANTONIO, TEXAS FOURTH JUDICIAL DISTRICT OF TEXAS8/6/2015 3:06:34 PM SAN ANTONIO KEITH E. HOTTLE Clerk

Jack Rettig, Appellant v.

Ronald Bruno, et al, Appellees

Appeal from the 111th District Court of Webb County, Texas

APPELLANT JACK RETTIG’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF

LAW OFFICE OF Fritz Byrne Head & Fitzpatrick AUDREY MULLERT VICKNAIR PLLC

Audrey Mullert Vicknair C. M. Henkel III State Bar No. 14650500 State Bar No. 09463000 802 N. Carancahua Ste. 1350 500 North Shoreline, Ste. 901 Corpus Christi, Texas 78401-0022 Corpus Christi, Texas 78401 (361) 888-8413; (361) 887-6207 fax (361) 883-1500; (361) 888-9149 fax avicknair@vicknairlaw.com skip@cmenkel.com

Attorneys for Appellant Jack Rettig

1 TO THE HONORABLE FOURTH COURT OF APPEALS:

COMES NOW Appellant Jack Rettig and files this Unopposed Motion for

Extension of Time to File his Brief, and for cause would show:

The record in this cause was filed on July 13, 2015. A motion to abate was

pending at that time but was denied on July 22, 2015. Appellant’s Brief is due

August 12, 2015.

Appellant prays for a 33-day extension of time to Monday September 14,

2015 for the following reasons:

The undersigned is lead counsel for Appellant in this appeal. She was out of

the country from July 18 to August 1. The undersigned has a dispositive motions

hearing on August 7, 2015 in IMMO Peterson, Cause No. 09-02502-00-0-H in the

347th District Court of Nueces County; a Petitioner’s Brief on the Merits due in

the Texas Supreme Court on August 12, 2015 (on an extension) in Cause No. 15-

0046, Hoskins v. Hoskins; and she is aiding with the Appellee’s Brief in Cause No.

13-15-00126-CV, Copper-Saratoga v. Lewandos, which is due on August 21,

2015. Counsel also has an Appellant’s Brief due in Miramar Petroleum v.

Cimarron Engineering, Cause No. 13-15-00251-CV on August 28, 2015 and an

Appellant’s Brief due in NTRP v. United Resources, Cause No. 13-15-00151-CV

due on September 8, 2015. The State Bar Advanced Appellate Seminar is

September 10 and 11, 2015 and the undersigned will attend.

2 This is Appellant’s first request for an extension of time. The undersigned

has attempted to confer with counsel for all Appellees. Counsel for Lopez deferred

to counsel for Mendoza and Garcia, both of whom state they do not oppose. Bruno

and Williams are not expected to oppose.

PRAYER

WHEREFORE, Appellant Jack Rettig prays the Court to grant his motion

and extend the time to file his opening brief to September 14, 2015. Rettig prays

for all other relief to which he is entitled.

Respectfully submitted,

/s/ Audrey Mullert Vicknair Audrey Mullert Vicknair State Bar No. 14650500 LAW OFFICE OF AUDREY MULLERT VICKNAIR 802 N. Carancahua Ste. 1350 Corpus Christi, TX 78401-0022 (361) 888-8413; (361) 887-6207 fax avicknair@vicknairlaw.com C. M. HENKEL III State Bar No. 09463000 FRITZ, BYRNE, HEAD & FITZPATRICK, PLLC 500 North Shoreline, Ste. 901 Corpus Christi, Texas 78401 (361) 883-1500; (361) 888-9149 fax skip@cmhenkel.com

Attorneys for Jack Rettig

3 CERTIFICATE OF CONFERENCE The undersigned avers that she attempted to contact all opposing counsel. Counsel for Lopez stated he would defer to counsel for Mendoza and Garcia. Counsel for those parties state they do not oppose this motion. Mr. Bruno is pro se and has yet to take any action in this appeal. He is not expected to oppose this motion.

/s/ Audrey Mullert Vicknair Audrey Mullert Vicknair

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing instrument was served in accordance with the Texas Rules of Appellate and Civil Procedure, on counsel named below, on this the _6th__ day of August, 2015.

Lance H. Beshara – counsel for Appellee Mendoza PULMAN CAPPUCCIO PULLEN BENSON & JONES, LLP 2161 N.W. Military Hwy., Suite 400 San Antonio, Texas 78213 Jana K. Terry – counsel for Appellee Garcia BECKSTEAD TERRY P.L.L.C. 9442 N. Capital of Texas Hwy. Arboretum Plaza One, Suite 500 Austin, Texas 78759 Carlos Evaristo Flores – counsel for Lopez, foreign judgment defendant PERSON,WHITWORTH, BORCHERS &MORALES, LLP 602 E. Calton Road, 2nd Floor P.O. Drawer 6668 Laredo, Texas 78042-6668 Darrell W. Cook – counsel for Williams, foreign judgment defendant Darrell W. Cook & Associates, P.C. One Meadows Building 5005 Greenville Ave., Ste. 200 Dallas, Texas 75206 Above by tex.gov electronic filing system

4 Ronald E. Bruno – foreign judgment defendant 2838 Woodside Street Dallas, Texas 75204 And/or 2304 Matador Circle Austin Texas 78746

By US Mail