Pelco Construction Company v. Chambers County, Texas, Kurt Amundson, and Amundson Consulting, Inc.

Opinion

ACCEPTED 01-14-00317-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 12/18/2015 3:59:49 PM CHRISTOPHER PRINE CLERK

NO. 01-14-00317-CV

IN THE COURT OF APPEALS FOR THE FILED IN 1st COURT OF APPEALS FIRST DISTRICT COURT OF TEXAS HOUSTON, TEXAS HOUSTON, TEXAS 12/18/2015 3:59:49 PM _________________________________________________________________ CHRISTOPHER A. PRINE Clerk PELCO CONSTRUCTION CO.

V.

CHAMBERS COUNTY, TEXAS __________________________________________________________________

On Appeal from the 344th Judicial District Court Chambers County, Texas Trial Cause No. CV26356 __________________________________________________________________

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO APPELLANT’S MOTION FOR REHEARING __________________________________________________________________

TO THE HONORABLE FIRST COURT OF APPEALS:

Appellee Chambers County, Texas (“Appellee”) files this Unopposed

Motion for Extension of Time to file Response to Appellant’s Motion for Rehearing

pursuant to Texas Rule of Appellate Procedure 10.5 and in support thereof,

Appellee respectfully shows the Court as follows:

I. DUE DATE The deadline for filing Appellee’s Response to Appellant’s Motion for

Rehearing is January 8, 2015. No previous extension has been sought by Appellee. 1 Appellee seeks an additional seventeen (17) days until January 25, 2015 to file his

Motion for Rehearing.

II. REASONS FOR EXTENSION OF TIME

Appellee’s counsel will be out of town for the holidays beginning December

21, 2015 and will not return until January 4, 2016.

III. EXTENSION SOUGHT IN THE INTEREST OF JUSTICE

The extension sought is not for the purpose of delay, but rather, in the

interest of justice and to allow Appellee proper time to fully brief the issues to the

Court.

IV. APPELLANT DOES AGREE TO THIS REQUEST Counsel for Appellant, Daryl Moore agrees to this Motion for Extension of

Time. Please see Certificate of Conference.

V. PRAYER FOR EXTENSION

Therefore, Appellee requests an extension of time of seventeen (17) days,

until January 25, 2015, to file its response to appellant’s motion for rehearing.

Appellee does not seek this extension for the purposes of delay. Instead, Appellee

seeks this relief to be able to fully brief the issues.

2 WHEREFORE, PREMISES CONSIDERED, Appellee prays that the Court

grant an extension of time to file the motion for rehearing until January 25, 2015.

Respectfully submitted, ORGAIN BELL & TUCKER, LLP P O Box 1751 Beaumont, TX 77704-1751 (409) 838-6412 (409) 838-6959 facsimile

/s/ Robert L. Florance, IV Nathan M. Brandimarte State Bar No. 24026915 nmb@obt.com James H. Chesnutt II State Bar No. 04187500 jhc@obt.com Robert L. Florance, IV State Bar No. 24087520 rflorance@obt.com

ATTORNEYS FOR APPELLEE CHAMBERS COUNTY, TEXAS

CERTIFICATE OF CONFERENCE

I certify that I conferred with opposing counsel for Appellant to determine whether it opposes this request. The Appellant does not oppose this motion.

/s/ Robert L. Florance, IV Robert L. Florance, IV

3 CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to all counsel of record on this the 18th day of December, 2015.

Served via E-Service Mr. Daryl L. Moore (14324720) DARYL L. MOORE, P.C. 1005 Heights Boulevard Houston, TX 77008 (713) 529-0048 FAX: (713) 529-2498 EMAIL: daryl@heightslaw.com

Served via E-Service Robert E. Booth Mills Shirley LLP 2228 Mechanic St., Ste 400 PO Box 1943 (77553) Galveston, Texas 77550 Direct: 409.761.4001 Fax: 409.763.2879 Email: rbooth@millsshirley.com

Served via E-Service John Chris Juravich Attorney at Law Bar No. 11058700 9801 Westheimer, Suite 302 Houston, Texas 77042 Telephone: (713) 917-6810 Facsimile: (713) 588-8442 Email: jcjuravich@aol.com