My Three Sons, LTD., My Three Sons Management, LLC, Prestonwood OB/GYN Associates, P.A., Christopher Riegel, MD, P.A., and Christopher Riegel v. Manhattan Construction Company

• Court: Court of Appeals of Texas
• Decided: January 31, 2018
• Docket: 05-17-00893-CV
• Status: Published

Opinion

ACCEPTED 05-17-00893-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 1/31/2018 11:11 AM LISA MATZ CLERK

05-17-00893-CV

FILED IN 5th COURT OF APPEALS IN THE COURT OF APPEALS FOR THE DALLAS, TEXAS FIFTH DISTRICT OF TEXAS 1/31/2018 11:11:16 AM DALLAS, TEXAS LISA MATZ Clerk

MY THREE SONS, LTD., MY THREE SONS MANAGEMENT, LLC, PRESTONWOOD OB/GYN ASSOCIATES, P.A., CHRISTOPHER RIEGEL, MD, P.A., and CHRISTOPHER RIEGEL,

Appellants,

vs.

MANHATTAN CONSTRUCTION COMPANY,

Appellee,

On Appeal from the 380th District Court of Collin County, Texas Trial Court Cause No. 380-00626-2017

MOTION TO EXTEND TIME TO FILE APPELLANTS’ BRIEF

Appellants My Three Sons, Ltd., My Three Sons Management, LLC,

Prestonwood Ob/Gyn Associates, P.A., Christopher Riegel, MD, P.A., and

Christopher Riegel (collectively, “Appellants”) file this their first Motion to Extend

Time to File Appellants’ Brief and would respectfully show the Court as follows:

MOTION TO EXTEND TIME TO FILE APPELLANTS’ BRIEF – Page 1 1. Appellants’ brief was due January 26, 2018. Appellants respectfully

request a thirty (30) day extension of time to file Appellants’ brief. Appellants

request the extension for the following reasons:

a. Appellants originally requested and paid for a partial reporter’s

record (exhibits only) with respect to the trial court’s hearing on Appellee’s

petition to confirm arbitration award. Appellee requested that a reporter’s

record be prepared for the entire hearing and that Appellants be taxed with

the costs of preparation. Appellants responded by asking this Court to tax

such costs to Appellee. The Court denied Appellants’ request. In

accordance with the Court’s order, by letter dated November 10, 2017,

Appellants’ counsel timely submitted payment to the court reporter for the

balance due to prepare the reporter’s record for the entire hearing. However,

through no fault of Appellants, the court reporter did not file the reporter’s

record until over six weeks later (on December 27, 2017).

b. Appellants’ counsel’s wife underwent a 6 hour surgery on

December 23, 2017 at Methodist Hospital for Surgery in Addison (Robert

Viere, M.D.) to correct scoliosis instrumentation in her back. She was

hospitalized for 5 days. She has been confined to home care for the past 4

weeks. Appellants’ counsel has been unable to dedicate the necessary time

to review the reporter’s record and prepare Appellants’ brief during the last

MOTION TO EXTEND TIME TO FILE APPELLANTS’ BRIEF – Page 2 month as a result of his wife’s condition. In addition, the Christmas and

New Year’s holidays further adversely affected counsel’s ability to timely

prepare Appellants’ brief.

2. No prior extensions have been requested or granted.

3. Appellee opposes a thirty day extension, but does not oppose a ten

day extension.

WHEREFORE, PREMISES CONSIDERED, Appellants respectfully

request that Appellants be granted a thirty (30) day extension of time to file

Appellants’ brief.

Respectfully submitted,

/s/ Craig P. Henderson Craig P. Henderson State Bar No. 09420410 WOLF & HENDERSON, P.C. 4309 Irving Avenue, Suite 200 Dallas, Texas 75219 (214) 750-1395 Fax: (214) 368-1395

ATTORNEYS FOR APPELLANTS

CERTIFICATE OF CONFERENCE

I hereby certify that, on January 26, 2018, I attempted to confer with Appellee’s counsel via email regarding the relief sought herein. On January 29, 2018, Appellee’s counsel responded by email that Appellee would agree to a ten day extension.

/s/ Craig P. Henderson Craig P. Henderson

MOTION TO EXTEND TIME TO FILE APPELLANTS’ BRIEF – Page 3 CERTIFICATE OF SERVICE

I hereby certify that, on January 31, 2018, I served a copy of this brief via efiling, email and/or fax to Appellee’s counsel.

MOTION TO EXTEND TIME TO FILE APPELLANTS’ BRIEF – Page 4