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 5/21/2015 11:02:28 AM CHRISTOPHER PRINE

CLERK

No. 01-15-00001-CV

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FILED IN

1st COURT OF APPEALS

IN THE FIRST COURT OF APPEALS AT HOUSTON HOUSTON, TEXAS __________________________________ 5/21/2015 11:02:28 AM CHRISTOPHER A. PRINE

Clerk

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

Appellants, v.

THE STATE OF TEXAS,

Appellee.

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

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

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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 Reply

Brief, 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 was filed on March 16, 2015. The State of

Texas filed its Brief of Appellee on May 18, 2015. Appellants’ Reply Brief is

currently due on June 8, 2015.

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

Appellants. By this Motion, Appellants are requesting a 20-day extension of time

to file the Reply Brief, making the Reply Brief due on June 29, 2015. (The 20th

day falls on Sunday, June 28, 2015.) Appellants request this extension because the

counsel for Appellants who are primarily in charge of drafting the Reply Brief

have scheduled vacations which will prevent them from filing the brief on time.

Don Griffin has vacation scheduled from May 18 through May 25, 2015, and

Catherine Smith has vacation scheduled June 8 through June 14.

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 the Reply Brief of Appellants to and including June 29,

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2015. 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 May 21, 2015, I conferred with Cristina Vudhiwat of the Attorney General’s Office on behalf of the Appellant, the State of Texas via email, and she 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 May 21, 2015, the foregoing Unopposed First Motion for Extension of Time to File Reply Brief was served electronically on the following parties in accordance with the requirements of the Texas Rules of Appellate Procedure:

Cristina Vudhiwat Via E-Filing 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 3534030v.1