Pappas Restaurants, Inc. and Pappas Bar-B-Q, Inc. v. State of Texas

Opinion

ACCEPTED

01-15-00001-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

2/10/2015 10:46:29 AM

CHRISTOPHER PRINE

CLERK

No. 01-15-00001-CV

__________________________________

FILED IN

1st COURT OF APPEALS

IN THE FIRST COURT OF APPEALS AT HOUSTON HOUSTON, TEXAS __________________________________ 2/10/2015 10:46:29 AM CHRISTOPHER A. PRINE

Clerk

PAPPAS RESTAURANTS, INC., and PAPPAS BAR-B-Q, INC.,

Appellants,

v.

THE STATE OF TEXAS,

Appellee.

__________________________________

APPELLANTS’ UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLANTS

__________________________________

Trial Court Cause No. 1043062 On Appeal from County Civil Court at Law Number Four of Harris County, Texas The Honorable Roberta Lloyd, Presiding

__________________________________

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

Pursuant to Rule 10.5(b) and 38.6(d) of the Texas Rules of Appellant

Procedure, Pappas Restaurants, Inc. and Pappas Bar-B-Q, Inc. (collectively

Appellants) file this Unopposed First Motion for Extension of Time to File Brief of

Appellants, and would show the Court as follows:

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1. The trial court signed the Judgment in Absence of Objection on

October 29, 2014. Appellants’ motions for new trial were denied on November 21,

2014. On December 29, 2014, Appellants filed their Notice of Appeal.

2. The Clerk’s record was filed on January 14, 2015, within 2 weeks of

the filing of the Notice of Appeal. There is no reporter’s record.

3. The Brief of Appellants currently is due to be filed on February 13,

2015.

4. Appellants request a 30-day extension of time to file their Brief of

Appellants until March 16, 2015 (the 30th day falls on Sunday, March 15).

5. This is the first motion for extension of time to file Brief of

Appellants. Appellants request this extension because preparation for pretrial/trial

in another matter has prevented lead counsel Don Griffin from attending to this

matter. Mr. Griffin is beginning pretrial on February 13, 2015, and anticipated to

continue into the week of February 16th for multiple days, in the case of Cause No.

PR-2012-00926; The State of Texas v. Stephen Morale et ux et al.; In the Probate

Court of Denton County, Texas.

6. Appellee the State of Texas is not opposed to this Motion.

For these reasons, Appellants pray that the Court grant this Motion and

extend the time for filing its Brief of Appellants to and including March 16, 2015.

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Appellants pray for such other and further relief to which they may be justly

entitled.

Respectfully submitted,

VINSON & ELKINS L.L.P.

/s/ Don C. Griffin H. Dixon Montague State Bar No. 14277700 dmontague@velaw.com Don C. Griffin State Bar No. 08456975 dgriffin@velaw.com Catherine B. Smith State Bar No. 03319970 csmith@velaw.com 1001 Fannin Street, Suite 2500 Houston, Texas 77002-6760 Telephone: 713.758. 3508 Facsimile: 713.615. 5985

Attorneys for Appellant Pappas Restaurants, Inc.

/s/ Anna Sabayrac Marchand Anna Sabayrac Marchand State Bar No. 24060543 amarchand@pappas.com Frank Markantonis State Bar No. 12986700 13939 Northwest Freeway, Suite 100 Houston, Texas 77040 Telephone: (713) 863-0611 Facsimile: (713) 863-0523

Attorneys for Appellant Pappas BAR-B-Q, Inc.

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CERTIFICATE OF CONFERENCE I hereby certify that on February 9, 2015, I conferred with Anthony Blazi of the Attorney General’s Office on behalf of the Appellant, the State of Texas via email, and he indicated that the State was not opposed to this motion.

/s/ Catherine B. Smith Catherine B. Smith

CERTIFICATE OF SERVICE

The undersigned certifies that on February 10, 2015, the foregoing Unopposed First Motion for Extension of Time to File Brief of Appellants was served electronically on the following parties in accordance with the requirements of the Texas Rules of Appellate Procedure:

Susan Desmarais Bonnen Via E-Filing susan.bonnen@texasattorneygeneral.gov Cristina Vudhiwat cristina.vudhiwat@texasattorneygeneral.gov Assistant Attorney General Office of the Attorney General P. O. Box 12548 Austin, Texas 78711-2548 Telephone: 512.463.2004 Attorneys for Appellee The State of Texas

/s/ Catherine B. Smith Catherine B. Smith

US 3288240v.1