Jordan and Associates v. Lisa Wells

• Court: Court of Appeals of Texas
• Decided: February 5, 2015
• Docket: 01-14-00992-CV
• Status: Published

Opinion

ACCEPTED 01-14-00992-cv FIRST COURT OF APPEALS HOUSTON, TEXAS 2/5/2015 5:08:39 PM CHRISTOPHER PRINE CLERK

No.01-14-00992-CV FILED IN In the First District Court of 1st COURT OF APPEALS HOUSTON, TEXAS Appeals at Houston 2/5/2015 5:08:39 PM CHRISTOPHER A. PRINE Clerk

Jordan and Associates, Appellant

V.

Lisa Wells, Appellee

Appeal from the 506th judicial District Court Grimes County,Texas, Hon. Albert McCaig,Presiding

APPELLANT'S MOTION FOR EXTENSION OF TIME

Appellant moves for a 30-day extension of time to file its Briefs so

that their Briefs are timely filed if filed on or before March 9, 2015.

1. The deadline to file Appellant's Brief is February 5, 2015. Appellant

has not sought a previous extension of this deadline.

2. Appellant requests a 30-day extension so that its Brief is timely filed

if filed on or before March 9,2015(pursuant to TEX. R. APP.PROC. 4.1(a)).

3. Appellant's counsel conferred/attempted to confer with Appellee's

counsel. Counsel for Appellant left a detailed voicemail regarding the

1 proposed 30-day extension of time to file Appellant's Brief. As of the filing

of this motion, Appellant has not received a response from counsel for

Appellee. As such, it is not known whether Appellee is opposed or

unopposed to the requested extension.

4. Facts Relied on to Reasonably Explain the Need for an Extension

Counsel for Appellee has begun the preparation of the Response Brief in earnest. However, Appellee's counsel has been responsible for:

• Preparing the brief of Nationwide Mutual Insurance Company on a matter of first impression in Texas relating to the application of Texas Civil Practices and Remedies Code § 150.002 - et. seq., in case number 02-14-00332- CV,styled Childress Engineering Services, Inc. v. Nationwide Mutual Insurance Company, and pending in the Fort Worth Court of Appeals;

• Preparing for and attending oral arguments on a matter of first impression in Texas relating to the application of Texas Civil Practices and Remedies Code § 150.002 - et. seq., in case number 02-14-00332-CV, styled Childress Engineering Services, Inc. v. Nationwide Mutual Insurance Company, and pending in the Fort Worth Court of Appeals;

• Drafting, finalizing, and filing the motion for summary judgment brief and reply brief in civil case number 3:14-CV-03314-K, styled Ascendant Renewable Energy Corp. v. Tang Energy Group, Ltd, et. al., and pending in the

2 United States District Court for the northern District of Texas - Dallas Division; Preparing and finalizing numerous motions in arbitration number 01-14-0001-4150, styled Tang Energy group, Ltd. et. al., v. CATIC USA, Inc. et, al., and pending before the American Arbitration Association International Centre for Dispute Resolution in New York, New York;

>- Preparing and finalizing several motions for summary judgment motions, summary judgment response motions, and sur-reply motions in cause number CC-11-07735-E, styled Alma Rosa Matias, et al. v. Exco Operating Company, L.P. et, al., v. Exco Resources, Inc., et. al., v. Basic Energy Services, L.P., and pending in the County Court at Law Number 5 for Dallas County;

Attending an all-day mediation in Bryan, Texas in cause number PI-13-125, styled Thomas Ray Sanders v. Donnie Grimes, and pending in the 125th Judicial District Court in Leon County; and

Handling various personal and professional responsibilities, including those attendant to being the managing partner of Walters, Balido & Crain, L.L.P.; and

5. These reasons constitute good cause to justify an extension of the

briefing deadline. A reasonable cause justifying an extension of time in this

context has been described as "any plausible statement of circumstances

3 indicating the failure to file within the [briefing] period was not deliberate

or intentional." Hone v. Hanafin, 104 S.W.3d 884, 886 (Tex. 2003). The

unfortunate circumstances surrounding counsel's practice demonstrates

that any failure to complete the Brief on time was not deliberate or

intentional.

6. This Motion is not sought solely for delay but so that justice may be

served.

Wherefore, Appellant prays that the Court grant its requested 30-day

extension to file its Brief so that the Court deems the Brief timely filed if

filed on or before March 9, 2015, and for such other relief to which they

may be entitled.

Respectfully submitted,

/s/Gregory W. Ave GREGORY R. AVE State Bar No.01448900 greg.ave@wbclawfirm.com Walters, Balido & Crain, L.L.P. Meadow Park Tower,15th Floor 10440 N. Central Expressway Dallas, Texas 75231

(214)342-8310 - Telephone (214)342-8311 - Facsimile

4 COUNSEL FOR APPELLANT JORDAN AND ASSOCIATES

Certificate of Service

On February 5, 2015, I served Appellant's Motion for Extension of Time on all counsel of record by email as well as through the e-filing system.

/s/Gregory W.'lye GREG R. AVE