Peacock Hospitality, Inc. D/B/A Holiday Inn Express-Burnet v. Bipin Patel Mahadev, LLC And FDIC

• Court: Court of Appeals of Texas
• Decided: August 6, 2015
• Docket: 04-13-00278-CV
• Status: Published

Opinion

ACCEPTED 04-13-00278-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 8/6/2015 9:58:20 AM KEITH HOTTLE CLERK

APPEAL NO. 04-13-00278-CV __________________________________________________________________ FILED IN 4th COURT OF APPEALS IN THE COURT OF APPEALS SAN ANTONIO, TEXAS FOR 8/6/2015 9:58:20 AM THE FOURTH DISTRICT OF TEXAS AT SAN ANTONIO, TEXAS KEITH E. HOTTLE Clerk __________________________________________________________________

PEACOCK HOSPITALITY, INC., D/B/A HOLIDAY INN EXPRESS- BURNET Appellant

V.

BIPIN PATEL, and MAHADEV, LLC Appellees __________________________________________________________________

APPELLANT PEACOCK HOSPITALITY, INC., D/B/A HOLIDAY INN EXPRESS- BURNET’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR REHEARING __________________________________________________________________ Harvey G. Joseph John L. Hubble Law Offices of Harvey G. Joseph Hubble & Pistorius State Bar No. 11027850 State Bar No. 10144650 P.O. Box 810485 8350 N. Central Expwy., Ste. 1310 Dallas, Texas 75381-0485 Dallas, Texas 75206 (214)769-6078 (telephone) (214)361-1262 (telephone) (214)426-1246 (facsimile) (214)373-3455 (facsimile) ATTORNEY FOR APPELLANT ATTORNEY FOR APPELLANT PEACOCK HOSPITALITY, INC., PEACOCK HOSPITALITY, INC., D/B/A HOLIDAY INN D/B/A HOLIDAY INN EXPRESS-BURNET EXPRESS-BURNET TO THE HONORABLE COURT OF APPEALS:

COMES NOW Peacock Hospitality, Inc. d/b/a Holiday Inn Express-Burnet

(Peacock Hospitality”) and, pursuant to Texas Rule of Appellate Procedure 49.8 and

10.5(b), files its Motion for Extension of Time to file Motion for Rehearing and in

support thereof would respectfully show the following:

1. A panel of this court issued a Memorandum Opinion on July 22, 2015 affirming

the judgment of the trial court. Lead trial and appellate counsel John Hubble was out of

the country on July 22, 2015 and did not return until July 27, 2015. Please see the

attached affidavit of John Hubble attached to this Motion as Exhibit A.

2. The Motion for Rehearing in currently due to be filed on August 6, 2015.

Appellant is asking for a 15 day extension of time or until August 21, 2015 to file its

Motion for Rehearing. Counsel for Appellee is not opposed to the granting of this

Motion.

3. Good cause exists to grant this Motion because Lead trial and appellate counsel

John Hubble, in addition to being out of the country from July 22 to July 27, 2015, is

currently out on a family vacation from August 1 to August 9, 2015, planned and

partially paid for long before a Motion for Rehearing became necessary. Please see the

attached affidavit of John Hubble attached to this Motion as Exhibit A. Furthermore, in

order to prepare an adequate Motion that addresses in full the one key issue which

Appellant believes this court has misunderstood or misconstrued, requires more time

1 then Appellant’s lead counsel would have if this Motion is not granted. This Motion is

not sought for delay but so that Appellant has a full opportunity to attempt to present to

this court the key issue of why Appellant believes the court’s July 22, 2015 opinion is

in error.

WHEREFORE, PREMISES CONSIDERED, Appellant Peacock Hospitality

Inc., d/b/a/ Holiday Inn Express- Burnet respectfully prays that this Motion be granted

and Appellant’s Motion for Rehearing be due on or before August 21, 2015.

Respectfully submitted,

/s/ John L. Hubble John L. Hubble State Bar No. 10144650

Hubble & Pistorius 8350 N. Central Expwy., Ste. 1310 Dallas, Texas 75206 (214)361-1262 (telephone) (214)373-3455 (facsimile) johnhubble@hubblelaw.com

Harvey G. Joseph State Bar No. 11027850

Law Offices of Harvey G. Joseph P.O. Box 810485 Dallas, Texas 75381-0485 (214)769-6078 (telephone) (214) 426-1246 (facsimile) hjoseph197@aol.com

Attorneys for Appellant 2 Peacock Hospitality Inc., d/b/a Holiday Inn Express-Burnet

CERTIFICATE OF CONFERENCE

On August 5, 2013, I certify that I spoke with Rachel Leier, Reagan Burrus,

PLLC, counsel for Appellees Bipin Patel and Mahadev, LLC, and she advised me that

she was not opposed to this Motion and the granting of the request for extension.

/s/ Harvey J. Joseph Harvey J. Joseph

CERTIFICATE OF SERVICE

Pursuant to Texas Rule of Appellate Procedure 9.5, on August 6, 2015, a true and correct copy of the above and foregoing was served upon counsel of record for Counsel for Appellees:

Bipin Patel and Mahadev, LLC Jonathan H. Hull Rachel A. Leier REAGAN BURRUS PLLC 401 Main Plaza, Ste. 200 New Braunfels, TX 78130 Via E-mail to jhull@reaganburrus.com And rleier@reaganburrus.com And Facsimile to 830-625-4433

/s/ John L. Hubble John L. Hubble

3 EXHIBIT A APPEAL NO. 04-13-00278-CV __________________________________________________________________

IN THE COURT OF APPEALS FOR THE FOURTH DISTRICT OF TEXAS AT SAN ANTONIO, TEXAS __________________________________________________________________

PEACOCK HOSPITALITY, INC., D/B/A HOLIDAY INN EXPRESS- BURNET Appellant

BIPIN PATEL, and MAHADEV, LLC Appellees __________________________________________________________________

ON APPEAL FROM THE 57TH JUDICIAL DISTRICT COURT OF BEXAR COUNTY, TEXAS TRIAL COURT CAUSE NO. 2012-CI-20390

The Honorable Janet Littlejohn Presiding __________________________________________________________________ AFFIDAVIT OF JOHN L. HUBBLE

THE STATE OF TEXAS § § COUNTY OF DALLAS §

BEFORE ME, the undersigned authority, on this day personally appeared John L.

Hubble, known to me to be the person whose name appears below, who upon being duly sworn,

deposes and states the following: 1. "That I am over eighteen (18) years of age, and of sound mind; that I have personal

knowledge of the matters stated herein and that they are true and correct.

2. "I have served as attorney of record for Appellant in this matter since its inception. In

the position of litigation counsel, I have been responsible for the overall conduct of

this matter, including the appeal from the trial court's Order granting Appellees'

Motion for Summary Judgment.

3. "This Court issued its Memorandum Opinion on July 22, 2015. I was out of the

country on July 22, 2015 and did not return to my office until July, 27, 2015 which is

when I first. saw the Opinion. Beginning August 1, 2015 until August 9, 2015, I will

be on vacation with my family in which the air lines tickets have been purchased and

the vacation house I have rented has been paid for and is non-refundable.

4. "I am requesting an extension of time to file a motion for rehearing to August 21,

2015.

FURTHER, AFFIANT SAITH NOT."

JOc;f. HUBBLE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned notary public, by the

aforesaid John L. Hubble, on this the 31st day of July 2015, to certify which witness

my hand and seal of office.

~~ Notar)TUbtc in and for State of Texas