John W. Hankins v. Sarah T. Harris

Opinion

ACCEPTED 01-15-00396-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 11/23/2015 2:30:50 PM CHRISTOPHER PRINE CLERK

CASE NO. 01-15-00396-CV FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS IN THE FIRST COURT OF APPEALS 11/23/2015 2:30:50 PM HOUSTON, TEXAS CHRISTOPHER A. PRINE _______________________________________ Clerk

John W. Hankins

v.

Sarah T. Harris

_______________________________________

On Appeal from the 333rd Judicial District Court of Harris County, Texas Trial Court Case No. 2014–01360 _______________________________________

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

TO THE HONORABLE COURT OF APPEALS:

Appellant, John W. Hankins requests a 7–day extension to file his

reply brief and for good cause, would show as follows:

1. Hankins’ reply brief is due on November 23, 2015.

2. This is Hankins’ first motion for extension of time to file his reply

brief.

3. Hankins respectfully requests a 7–day extension to file his reply brief

so that the undersigned can adequately prepare the same.

1 4. The undersigned’s litigation docket during the last two weeks has

prevented him from completing Hankins’ reply brief in this case.

Specifically, the undersigned:

 Prepared and filed a brief on the merits with the Supreme Court of Texas on November 12, 2015, in the case–styled and numbered, Ex parte Norman Crittenden, Case No. 15–0184.

 Prepared and filed a brief on the merits with the Supreme Court of Texas on November 12, 2015, in the case–styled and numbered, McLean v. Livingston, Case No. 15–0100.

 Prepared and filed a reply brief on the merits with the Supreme Court of Texas on November 12, 2015, in the case–styled and numbered, Steve Bumpas Custom Homes, Inc. v. Chris Wallace, et al, Case No. 15–0321.

 Prepared and filed a motion for rehearing with the Supreme Court of Texas on November 10, 2015, in the case–styled and numbered, Worldwide Clinical Trials v. Arnold, Case No. 14– 0786.

 Prepared and prosecuted a jury trial on November 18, 2015.

 Prepared and presented a CLE seminar in El Paso on November 19, 2015.

5. Also, the undersigned’s grandmother passed away last week. The

undersigned attended her funeral on November 20, 2015, which caused

him to be out of the office.

6. Also, the undersigned had various meetings, prepared motions and

briefs to be filed in other cases, prepared responses to motions, attended

2 hearings, and conducted activities usually associated with a litigation

practice in the last two weeks.

7. As such, the undersigned has not had sufficient time to prepare the

reply brief in this case.

8. Pursuant to TEX. R. APP. P. 10.3, the undersigned conferred with

counsel for the Appellee, and counsel is unopposed to this motion.

FOR THESE REASONS, Appellant prays that this Honorable Court

grant this motion for extension of time and extend the deadline for filing

his reply brief to November 30, 2015, and requests all other relief to which

he may be entitled.

Respectfully submitted,

LEYH, PAYNE & MALLIA, PLLC

By: /s/ Sean M. Reagan Sean Michael Reagan sreagan@lpmfirm.com Texas Bar No. 24046689 9545 Katy Freeway, Suite 200 Houston, Texas 77024 Telephone: 713-785-0881 Facsimile: 713-784-0884

ATTORNEY FOR APPELLANT

3 CERTIFICATE OF SERVICE

I certify that a true and correct copy of this document has been served to all interested parties of record on November 23, 2015 as follows:

Brian B. Kilpatrick Via Email H. Fred Cook Via Email Wilson, Cribbs & Goren, P.C. 2500 Fannin Street Houston, Texas 77002

Jarrett L. Ellzey Via Email W. Craft Hughes Via Email Hughes Ellzey, L.L.P. 2700 Post Oak Blvd., Suite 1120 Galleria Tower I Houston, Texas 77056

Hartley Hampton Via Email Hampton & King 3 Riverway, Suite 910 Houston, Texas 77056

William Feldman Via Email Michael J. Mazzone Via Email Michael T. Powell Via Email Robert Carlton Via Email Haynes & Boone, LLP 1221 McKinney Street, Suite 2100 Houston, Texas 77010-2007

/s/ Sean M. Reagan Sean M. Reagan