Mikob Properties, Inc. v. Star Electricity, Inc. D/B/A Startex Power

Opinion

ACCEPTED 01-15-00563-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 10/20/2015 6:10:23 PM CHRISTOPHER PRINE CLERK

NO. 01-15-00563-CV ____________________________ FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS IN THE 10/20/2015 6:10:23 PM COURT OF APPEALS CHRISTOPHER A. PRINE Clerk FIRST DISTRICT AT HOUSTON, TEXAS

______________________________________

MIKOB PROPERTIES, INC., Appellant

vs.

STAR ELECTRICITY d/b/a STARTEX POWER, Appellee ________________________________________

On Appeal from the 129th Judicial District Court Harris County, Texas

Trial Court Cause No. 2011-04799

UNOPPOSED SECOND MOTION OF APPELLANT TO EXTEND TIME TO FILE BRIEF

TO THE HONORABLE JUSTICES OF THE FIRST COURT OF APPEALS:

Appellant files this Second Unopposed Motion to Extend Time to File

Appellant’s Brief, and in support thereof shows, as follows:

1. The deadline for Appellant to file its brief was originally September 17,

2015. This deadline had previously been extended to November 2, 2015, as a

result of Appellant’s first Unopposed Motion to Extend Time to File Brief.

2. Appellant requests a second extension until November 16, 2015, to file its brief.

3. Appellant’s counsel has a jury trial beginning on November 3, 2015,

in Fort Bend County, Texas. Counsel expected the case to settle, but it has not and

Counsel does not expect it to settle.

II. Memorandum of Authorities

5. Tex. R. App. P. 38.6 and 10.5(b) give the court the authority to

modify and extend the deadline to file a brief.

III. Relief Requested

Appellant respectfully requests that the Court grant its motion to extend the

deadline to file its brief until November 16, 2015. Appellant respectfully requests

such other and further relief to which it may be entitled.

Respectfully submitted,

MARK A. SANDERS, P.C.

By: /s/ Mark A. Sanders Mark A. Sanders State Bar No. 17600500 11511 Katy Freeway, Suite 600A Houston, Texas 77079 Telephone: 281-531-0902 Telecopier: 281-531-0908 Email: mark@msanderslaw.com

ATTORNEYS FOR APPELLANT CERTIFICATE OF CONFERENCE

I hereby certify I have contacted opposing counsel and opposing counsel is unopposed to Appellant’s Motion to Extend Deadline to File Brief.

/s/ Mark A. Sanders Mark A. Sanders

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Appellant’s Motion to Extend Deadline to File Brief was served, pursuant to Texas Rules of Appellate Procedure 9.2 and 9.5, via e-file/serve, on this the 20th day of October, 2015, to:

Rodney L. Drinnon Veronica Montemayor McCathern, PLLC 2000 West Loop South, Suite 2100 Houston, Texas 77027 E-file/serve