Joeris General Contractors, Ltd. v. Rolando Cumpian

Court of Appeals of Texas·Decided December 2, 2015·No. 04-15-00481-CV·Published

Opinion

ACCEPTED

04-15-00481-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS 12/2/2015 12:03:22 PM

KEITH HOTTLE

CLERK

No. 04-15-00481-CV

FILED IN

IN THE 4th COURT OF APPEALS SAN ANTONIO, TEXAS

FOURTH COURT OF APPEALS 12/2/2015 12:03:22 PM AT SAN ANTONIO, TEXAS KEITH E. HOTTLE Clerk

JOERIS GENERAL CONTRACTORS, LTD., Appellant,

ROLANDO CUMPIAN,

Appellee.

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

Lorien Whyte David Gaultney State Bar No. 24042440 State Bar No. 07765300 Pozza & Whyte, PLLC davidgaultney@mehaffyweber.com lorienwhyte@pozzaandwhyte.com Elana Einhorn 239 E. Commerce St. State Bar No. 06502455 San Antonio, TX 78205 elanaeinhorn@mehaffyweber.com (210) 226.8888 Office MehaffyWeber, P.C. (210) 222.8477 Fax 823 Congress Avenue, Suite 200 Austin, Texas 78701 (512) 394-3840 Office (512) 394-3860 Fax

ATTORNEYS FOR APPELLANT JOERIS GENERAL CONTRACTORS, LTD.

To the Honorable Court of Appeals:

Appellant, Joeris General Contractors, Ltd., files this Unopposed Motion for

Extension of Time to file Appellant’s Brief and would respectfully show as

follows:

I.

Time Requested for Extension

Appellant’s Brief is currently due on Wednesday, December 23, 2015.

Appellant requests an extension up to and including Friday, January 22, 2016, to

file Appellant’s Brief in this matter. Appellant requests an extension of thirty days.

This is Appellant’s first request for an extension.

II.

The Extension is Unopposed

Counsel for Appellee does not oppose the extension.

III.

Grounds for Extension

In addition to the brief in this case, Appellant’s counsel is working on a brief

on the merits in the Texas Supreme Court, an appellant’s brief in the federal Fifth

Circuit Court of Appeals, and an appellee’s brief in the Thirteenth District Court of

Appeals. The Thanksgiving holidays were part of the original time period for filing

the brief in this case and those cases, and the Christmas and New Year holidays

will be part of any extension in this and those cases as well.

IV.

Authority to Grant Extension

The Court may grant an extension of time to file a brief under the authority

of Texas Rule of Appellate Procedure 10.5(b). Because this is a motion to extend

time to file a brief, this motion may be determined by the Court without waiting

the 10-day submission delay. See Tex. R. App. P. 10.3(a) (1).

V.

This request will not unnecessarily delay disposition of this matter, but will

allow Appellant adequate opportunity to prepare briefing that will be of maximum

benefit to the Court.

VI.

This motion is not brought for purposes of delay, but so that justice may be

accomplished.

WHEREFORE, Appellant prays that this Court grant Appellant an extension

up to and including Friday, January 22, 2016, to file Appellant’s Brief herein, and

for such other and further relief to which Appellant may be justly entitled.

Respectfully submitted,

MEHAFFYWEBER, P.C.

Respectfully submitted,

By/s/ David Gaultney

ATTORNEYS FOR APPELLANT

CERTIFICATE OF CONFERENCE I certify that I have conferred with Appellee’s counsel Thad Spalding by email, and Appellee is unopposed to this motion.

/s/ David Gaultney

CERTIFICATE OF SERVICE

The undersigned certifies that a true copy of the Motion was served upon the following counsel of record for Appellee via electronic service on December 2, 2015:

R. Scott Westlund Thad D. Spalding State Bar No. 00791906 State Bar No. 00791708 scott@krwlawyers.com tspalding@texasappeals.com Brian C. Steward Kelly, Durham &Pittard, LLP State Bar No. 19201100 P.O. Box 224626 brian@krwlawyers.com Dallas, Texas 75222 Jay Moore Telephone: (214) 946-8000 State Bar No. 24041514 Facsimile: (214) 946-8433 jay@krwlawyers.com Ryan A. Todd State Bar No. 24033393 ryan@krwlawyers.com Ketterman Rowland &Westlund 16500 San Pedro, Suite 302 San Antonio, Texas 78232 Telephone: (210) 490-7402 Facsimile: (210) 490-8372

/s/ David Gaultney

David Gaultney

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ACCEPTED

04-15-00481-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS 12/2/2015 12:03:22 PM

KEITH HOTTLE

CLERK

No. 04-15-00481-CV

FILED IN

IN THE 4th COURT OF APPEALS SAN ANTONIO, TEXAS

FOURTH COURT OF APPEALS 12/2/2015 12:03:22 PM AT SAN ANTONIO, TEXAS KEITH E. HOTTLE Clerk

JOERIS GENERAL CONTRACTORS, LTD., Appellant,

ROLANDO CUMPIAN,

Appellee.

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

ATTORNEYS FOR APPELLANT JOERIS GENERAL CONTRACTORS, LTD.

To the Honorable Court of Appeals:

Appellant, Joeris General Contractors, Ltd., files this Unopposed Motion for

Extension of Time to file Appellant’s Brief and would respectfully show as

follows:

I.

Time Requested for Extension

Appellant’s Brief is currently due on Wednesday, December 23, 2015.

Appellant requests an extension up to and including Friday, January 22, 2016, to

file Appellant’s Brief in this matter. Appellant requests an extension of thirty days.

This is Appellant’s first request for an extension.

II.

The Extension is Unopposed

Counsel for Appellee does not oppose the extension.

III.

Grounds for Extension

In addition to the brief in this case, Appellant’s counsel is working on a brief

on the merits in the Texas Supreme Court, an appellant’s brief in the federal Fifth

Circuit Court of Appeals, and an appellee’s brief in the Thirteenth District Court of

Appeals. The Thanksgiving holidays were part of the original time period for filing

the brief in this case and those cases, and the Christmas and New Year holidays

will be part of any extension in this and those cases as well.

IV.

Authority to Grant Extension

The Court may grant an extension of time to file a brief under the authority

of Texas Rule of Appellate Procedure 10.5(b). Because this is a motion to extend

time to file a brief, this motion may be determined by the Court without waiting

the 10-day submission delay. See Tex. R. App. P. 10.3(a) (1).

V.

This request will not unnecessarily delay disposition of this matter, but will

allow Appellant adequate opportunity to prepare briefing that will be of maximum

benefit to the Court.

VI.

This motion is not brought for purposes of delay, but so that justice may be

accomplished.

WHEREFORE, Appellant prays that this Court grant Appellant an extension

up to and including Friday, January 22, 2016, to file Appellant’s Brief herein, and

for such other and further relief to which Appellant may be justly entitled.

Respectfully submitted,

MEHAFFYWEBER, P.C.

Respectfully submitted,

By/s/ David Gaultney

ATTORNEYS FOR APPELLANT

CERTIFICATE OF CONFERENCE I certify that I have conferred with Appellee’s counsel Thad Spalding by email, and Appellee is unopposed to this motion.

/s/ David Gaultney

CERTIFICATE OF SERVICE

The undersigned certifies that a true copy of the Motion was served upon the following counsel of record for Appellee via electronic service on December 2, 2015:

/s/ David Gaultney

David Gaultney

Joeris General Contractors, Ltd. v. Rolando Cumpian, (Tex. Ct. App. 2015).

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