Philip Wayne Hindes and Melinda Hindes Eustace v. La Salle County, Texas The Honorable Joel Rodriguez Jr., in His Official Capacity as County Judge, La Salle County, Texas And the Honorable Raul Ayala, in His Official Capacity as County Commissioner, Precinct 4, La Salle County, Texas

• Court: Court of Appeals of Texas
• Decided: January 14, 2015
• Docket: 04-14-00651-CV
• Status: Published

Opinion

ACCEPTED 04-14-00651-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 1/14/2015 5:14:07 PM KEITH HOTTLE CLERK

NO. 04-14-00651-CV

FILED IN IN THE COURT OF APPEALS 4th COURT OF APPEALS FOURTH COURT OF APPEALS DISTRICTSAN ANTONIO, TEXAS SAN ANTONIO, TEXAS 01/14/2015 5:14:07 PM KEITH E. HOTTLE Clerk

PHILIP WAYNE HINDES AND MELINDA HINDES EUSTACE,

Appellants

v.

LA SALLE COUNTY, TEXAS, HON. JOEL RODRIGUEZ, JR., IN HIS OFFICIAL CAPACITY AS COUNTY JUDGE, LA SALLE COUNTY, TEXAS, AND HON. RAUL AYALA, IN HIS OFFICIAL CAPACITY AS COUNTY COMMISSIONER, PRECINCT 4, LA SALLE COUNTY, TEXAS.

Appellees

ON APPEAL FROM THE 81ST DISTRICT COURT, LA SALLE COUNTY, TEXAS HONORABLE DICK ALCALA PRESIDING CAUSE NO. 12-09-00179-CVL

APPELLEES’ SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ BRIEF

TO THE HONORABLE FOURTH COURT OF APPEALS:

Appellees respectfully present this second unopposed motion to extend the

time in which to file their Appellees’ Brief pursuant to Texas Rule of Appellate

Procedure 38.6. In support of this motion, Appellees would show the Court as

follows:

Appellees’ Second Unopposed Motion for Extension of Time to File Appellees’ Brief Page 1 I.

Appellees’ principal brief is currently due on January 22, 2015. Because of the

events and matters described more fully below, Appellees request an extension of an

additional two weeks in which to file the Appellees’ brief or until February 5, 2015.

II.

The requested extension is necessary because, in addition to managing his

normal caseload, the following unexpected matters have prevented the undersigned

from completing the Appellees’ Brief and will likely preclude the undersigned from

doing so sooner than February 5, 2015:

1. On December 29, 2014, because of the serious illness of one of his law

partners, the undersigned was asked to assume responsibility as lead

litigation counsel for Plaintiff in Cause No. 12-0921 styled Wimberley

Springs Partners, Ltd. v. Woodcreek Property Owners Association of

Hays County, Inc., Sue Csejka, Janelle Delaney, Merry Merian, Diane

Susan Percell, Glynn Schanen and Liz Sumter pending in the District

Court of Hays County, Texas, 428th Judicial District. Numerous motions

were pending in the case, including an application for injunctive relief, a

motion to compel and for sanctions, a motion to stay, a motion to compel

mediation, and special exceptions, all of which were set for January 7,

2015. At the time the undersigned agreed to take over as lead litigation

Appellees’ Second Unopposed Motion for Extension of Time to File Appellees’ Brief Page 2 counsel, it was not anticipated that it would impact his ability to prepare

Appellees’ brief in this matter.

2. During the injunction portion of the January 7th hearing, counsel for the

party seeking relief announced that his client was withdrawing the

application for injunctive relief without prejudice to reasserting it in the

future. Yesterday, the undersigned was notified that the application for

injunctive relief had been reset for tomorrow, January 15, 2015.

3. Additionally, in the same case, the undersigned had to spend a significant

amount of time late last week and this week briefing and drafting a motion

to recuse the presiding state district court judge.

For the reasons explained above, counsel for Appellees anticipates that likely

will not be able to complete the Appellees’ Brief by its current due date of January

22, 2015, and needs an additional two weeks in which to do so.

III.

On January 14, 2015, the undersigned conferred with Appellant’s lead

appellate counsel and Mr. Sam Houston indicated that this motion would not be

opposed.

WHEREFORE, PREMISES CONSIDERED, Appellees respectfully request

that this Court grant their motion for extension of time in which to file Appellees’

Brief, extend the deadline in which to file the brief an additional two weeks up to and

Appellees’ Second Unopposed Motion for Extension of Time to File Appellees’ Brief Page 3 including February 5, 2015, and grant such other and further relief to which

appellants may be justly and equitably entitled.

Respectfully submitted,

/s/ Michael Shaunessy MICHAEL SHAUNESSY State Bar No.18134550 MCGINNIS, LOCHRIDGE & KILGORE, LLP 600 Congress Avenue, Ste. 2100 Austin, Texas 78701 Telephone: (512) 495-6061 Fax: (512) 505-6361 mshaunessy@mcginnislaw.com

ATTORNEY FOR APPELLEES

Appellees’ Second Unopposed Motion for Extension of Time to File Appellees’ Brief Page 4 CERTIFICATE OF SERVICE

I do hereby certify that a true and correct copy of the foregoing motion has been served on the following counsel in accordance with the Texas Rules of Appellate Procedure, on this 14th day of January, 2015:

Samuel V. Houston, III Via email/e-service HOUSTON DUNN, PLLC 4040 Broadway, Suite 440 San Antonio, Texas 78209 sam@hdappeals.com Christopher S. Johns Via email/e-service JOHNS MARRS ELLIS & HODGE LLP 805 West 10th Street, Suite 400 Austin, Texas 78701 cjohns@jmehlaw.com

Dan Miller Via email/e-service MCELROY, SULLIVAN, MILLER WEBER & OLMSTEAD, LLP P.O. Box 12127 Austin, Texas 78711 dmiller@msmtx.com /s/ Michael Shaunessy MICHAEL SHAUNESSY

Appellees’ Second Unopposed Motion for Extension of Time to File Appellees’ Brief Page 5