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

Opinion

ACCEPTED 01-15-00563-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 12/23/2015 10:49:04 AM CHRISTOPHER PRINE CLERK

No. 01-15-00563-CV

FILED IN 1st COURT OF APPEALS IN THE HOUSTON, TEXAS COURT OF APPEALS 12/23/2015 10:49:04 AM CHRISTOPHER A. PRINE FIRST DISTRICT AT HOUSTON, TEXAS Clerk

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 APPELLEE TO EXTEND TIME TO FILE BRIEF

TO THE HONORABLE JUSTICES OF THE FIRST COURT OF APPEALS:

Appellee files this Unopposed Second Motion to Extend Time to File

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

1. The deadline for Appellee to file its brief is December 30, 2015.

2. Appellee requests a 40-day extension until February 8, 2016 to file its

brief. Appellee has conferred with Appellant about this request, and Appellant agreed to a 30-day extension. However, Appellee respectfully asks for an additional

10 days due to the following.

3. Appellee’s lead attorney had to leave town to attend depositions in

another case; he does not return until after the holiday. Moreover, Appellee’s

attorneys have trial set on January 4, 2016 in Cause no. 2012-64701 in the 269th

Judicial District Court, Harris County, Texas. They also have trial set on January

25, 2016 in Cause no. 2014-03481 in the 61st Judicial District Court, Harris County,

Texas. Thus, due to the holiday travel and with the forthcoming trials, Appellee

needs additional time to file its brief.

4. While Appellant is unopposed to a 30-day extension, this would put

Appellee’s deadline on January 29, 2016. Such date falls on the same week

Appellee’s attorneys will be in trial in Cause no. 2014-03481. As such, Appellee

respectfully asks the Court for a total of 40 additional days to finalize and prepare

its appellate brief, thereby extending its deadline to February 8, 2016.

5. This is Appellee’s second request for an extension to file its brief.

II. Memorandum of Authorities

6. 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

Appellee respectfully requests that the Court grant its Motion and extend the

deadline to file its brief until February 8, 2016. Appellee respectfully requests such

other and further relief to which it may be entitled.

Respectfully Submitted,

McCathern, PLLC

By: /s/Veronica Montemayor Rodney L. Drinnon Texas Bar No. 24047841 rdrinnon@mccathernlaw.com Andrew T. Green Texas Bar No. 24069823 agreen@mccathernlaw.com Veronica Montemayor Texas Bar No. 24082368 vmontemayor@mccathernlaw.com 2000 West Loop South, Suite 2100 Houston, Texas 77027 Fax (832) 213-4842 Tel. (832) 533-8689

ATTORNEYS FOR APPELLEE CERTIFICATE OF CONFERENCE

I hereby certify that I have contacted opposing counsel and opposing counsel is unopposed to an extension of Appellee’s deadline to file its brief, to the extent such extension is 30 days.

/s/Veronica Montemayor Veronica Montemayor

CERTIFICATE OF SERVICE

I hereby certify that on this the 23rd day of December, 2015, a true and correct copy of the foregoing Appellee’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.

Mark A. Sanders 11511 Katy Freeway, Suite 600 Houston, Texas 77079 mark@msanderslaw.com