League City v. Texas Windstorm Insurance Association

Opinion

ACCEPTED 01-15-00117-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 5/5/2015 3:01:52 PM CHRISTOPHER PRINE CLERK

No. 01-15-00117-CV FILED IN 1st COURT OF APPEALS In the HOUSTON, TEXAS 5/5/2015 3:01:52 PM Court of Appeals CHRISTOPHER A. PRINE Clerk for the First District of Texas

LEAGUE CITY, Appellant/Cross-Appellee, v.

TEXAS WINDSTORM INSURANCE ASSOCIATION, Appellees/Cross-Appellants.

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLANT

TO THE HONORABLE COURT OF APPEALS:

Appellant, League City, under the authority of TEX. R. APP. P. 10.5(b), asks

for additional time to file its brief as appellant.

1. The brief of appellant is due May 14, 2015.

2. This is League City’s first request for an extension of time for filing

its brief as appellant.

3. League City respectfully requests a 30-day extension of time for filing

its brief as appellant. With the extension, League City’s brief as appellant will be

due on June 13, 2015.

46355_1 4. League City requests an extension because the case is unusually

complex. The 58 volume reporter’s record contains 22 volumes of testimony and

26 volumes of exhibits. The jury charge is 41 pages long and including 23-

numbered questions (plus multiple subparts). The trial court disregarded the

jury’s many findings favorable to League City (including findings that TWIA

failed to comply with the insurance policy and violated the Insurance Code) and

rendered judgment that League City take nothing. Consequently, League City

must raise numerous issues on appeal, most of which require careful review of and

citations to the lengthy record.

5. Additionally, counsel has been required to attend to other time-

sensitive matters, including the following:

a. Preparation of response to petition for writ of mandamus in No. 14- 0829, In Re State Farm Lloyds, et al.; in the Supreme Court of Texas, filed April 20, 2015 (Trigo).

b. Preparation of response to petition for writ of mandamus in No. 14- 0843, In Re State Farm Lloyds, et al.; in the Supreme Court of Texas, filed April 20, 2015 (Ledezma). c. Preparation of response to petition for writ of mandamus in No. 14- 0846, In Re State Farm Lloyds, et al.; in the Supreme Court of Texas, filed April 20, 2015 (Segovia).

d. Preparation of response to defendants’ motions for summary judgment in No. 2013-25000; John Durham v. The Stephens Group, LLC, et al.; In the 295th Judicial District Court of Harris County, Texas, filed April 20, 2015.

46355_1 2 e. Preparation for and attendance at hearing on motions for summary judgment in No. 2013-25000; John Durham v. The Stephens Group, LLC, et al.; In the 295th Judicial District Court of Harris County, Texas, held on April 27 and 28, 2015.

f. Preparation of relator’s emergency motion for stay in No. 14-0999; In Re Christopher W. Martin; In the Supreme Court of Texas, filed April 29, 2015. g. Preparation for and presentation of oral argument in No. 01-14-00133- CV; United Services Automobile Association v. Joseph Hayes, Jr. and Joanne Hayes; in the First Court of Appeals, Houston, Texas, held on April 29, 2015.

h. Preparation of reply in support of petition for writ of mandamus in No. 14-0999; In Re Christopher W. Martin; In the Supreme Court of Texas, to be filed by May 8, 2015. i. Preparation of response to cross-petition for review in No. 14-1028; Sun Development, L.P. v. Larry Hughes and Susan Hughes; in the Supreme Court of Texas, due May 20, 2015.

j. Preparation of brief of appellees in No. 14-14-00824-CV; State Farm Lloyds v. Candelario Fuentes and Maria Fuentes; in the Fourteenth Court of Appeals, Houston, Texas, due May 25, 2015. 6. Counsel for appellant has conferred with counsel for appellee, Dale

Wainwright, and TWIA is unopposed to the requested extension.

7. This request is not sought for delay, but in order that justice may be

done. See TEX. R. APP. P. 10.5(b)(1)(C).

PRAYER Appellant, League City, asks this Court to grant an extension of 30 days,

until June 13, 2015, to file its brief as appellant. League City also prays for any

other relief to which it may be entitled.

46355_1 3 Respectfully Submitted:

THE MOSTYN LAW FIRM HOGAN & HOGAN

Gregory F. Cox By: /s/ Jennifer Bruch Hogan State Bar No. 00793561 Jennifer Bruch Hogan gfcox@mostynlaw.com State Bar No. 03239100 6280 Delaware Street jhogan@hoganfirm.com Beaumont, Texas 77706 Richard P. Hogan, Jr. 409.832.2777–telephone State Bar No. 09802010 409.832.2703–facsimile rhogan@hoganfirm.com James C. Marrow THE MOSTYN LAW FIRM State Bar No. 24013103 jmarrow@hoganfirm.com Rene M. Sigman Pennzoil Place State Bar No. 24037492 711 Louisiana, Suite 500 rmsigman@mostynlaw.com Houston, Texas 77002-2721 3810 W. Alabama 713.222.8800–telephone Houston, Texas 77027 713.222.8810–facsimile 713.861.6616–telephone 713.861.8084–facsimile

Attorneys for Appellant

46355_1 4 CERTIFICATE OF CONFERENCE Counsel for appellees has conferred with counsel for appellee, Dale

Wainwright, and TWIA is unopposed to the motion for extension of time to file

League City’s brief as appellant.

/s/ Jennifer Bruch Hogan Jennifer Bruch Hogan Dated: May 5, 2015

46355_1 5 CERTIFICATE OF SERVICE

I certify that a true and correct copy of the above and foregoing was forwarded to all counsel of record by the Electronic Filing Service Provider, if registered; a true and correct copy of this document was forwarded to all counsel of record not registered with an Electronic Filing Service Provider and to all other parties as follows: Counsel for Texas Windstorm Insurance Association:

Dale Wainwright BRACEWELL & GIULIANI LLP 111 Congress Avenue Suite 2300 Austin, Texas 78701-4061 Via TexFile

Andrew T. McKinney IV LITCHFIELD CAVO LLP One Riverway, Suite 1000 Houston, Texas 77056 Via TexFile

James R. Old, Jr. JAY OLD & ASSOCIATES, PLLC 3560 Delaware, Suite 308 Beaumont, Texas 77706 Via TexFile

/s/ Jennifer Bruch Hogan Jennifer Bruch Hogan Dated: May 5, 2015

46355_1 6