Richard Makover v. Randy S. Turrentine

Opinion

ACCEPTED 01-14-00869-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 2/24/2015 12:41:50 PM CHRISTOPHER PRINE CLERK

APPEAL NO. 01-14-00869-CV

IN THE COURT OF APPEALS FILED IN 1st COURT OF APPEALS FIRST JUDICIAL DISTRICT HOUSTON, TEXAS HOUSTON, TEXAS 2/24/2015 12:41:50 PM CHRISTOPHER A. PRINE Clerk

RICHARD MAKOVER, Appellant

vs.

RANDY S. TURRENTINE, Appellee

APPELLEE’S MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF

TO THE HONORABLE JUSTICES OF THE FIRST COURT OF APPEALS:

Appellee Randy S. Turrentine (“Appellee”) moves to extend time under

TEX. R. APP. P. 10.5(b) to file his Appellee’s Brief, and in support of this Motion

would respectfully show as follows:

1. The attorney for the Appellant was contacted on February 24, 2015,

but has not received a response as of the filing of this Motion.

2. Appellee’s Brief is due on March 4, 2015. There have been no prior

extensions sought with respect to the filing of Appellee’s Brief.

3. The commitments of the undersigned attorney are such that a 30-day

extension of time is necessary in order to properly prepare Appellee’s Brief. The

1 commitments of the undersigned are, in addition to a number of depositions to be

held out of state, as follows:

• February 25, 2015: Trial in Cause No. CV-0072161; Robert Keith Downs vs. John G. Kent and Jan Kent; in the County Civil Court at Law No. 3 of Galveston County, Texas

• March 2, 2015: Trial in Cause No. 2013-33908; Steve Montoya vs Chulas Sports Cantina Management LLC, et al; in the 113th Judicial District Court of Harris County, Texas

• March 9, 2015: Trial of Docket No. 14-05423; Mariana Orozco OBO Filiberto Serna, Jr. vs. Filser Construction and Aries Building Systems; in District 7, Office of Louisiana Worker’s Compensation

• March 16, 2015: Cause No. 2014-19441; International Demographics, Inc. d/b/a The Media Outlet vs. Higginbotham Associates, Inc.; in the 281st Judicial District Court of Harris County, Texas

• March 19, 2015: Petition for Writ of Certiorari to U.S. Supreme Court, appealing from USCA Case No. 14-20188; Larry Bishop, et al. v. Texas Dept. of Public Safety, et al.; 5th Circuit Court of Appeals

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellee Randy S. Turrentine

requests that his time to file a Brief be extended to April 3, 2015, and for such

other relief to which Appellee may be entitled.

2 Respectfully submitted,

MURRAY | LOBB, PLLC

By: /s/ Kyle L. Dickson Kyle L. Dickson State Bar No. 05841310 700 Gemini, Suite 115 Houston, Texas 77058 Ph: (281) 488-0630 Fax: (281) 488-2039 Email: kdickson@murray-lobb.com

ATTORNEYS FOR APPELLEE RANDY S. TURRENTINE

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing document has been forwarded to all parties and/or counsel of record in accordance with the Texas Rules of Appellate Procedure on day February 24, 2015.

/s/ Kyle L. Dickson Kyle L. Dickson

Ronald Julius Smeberg BY FAX TO (210) 598-7357 AND/OR The Smeberg Law Firm, PLLC BY ELECTRONIC SERVICE 2010 W. Kings Hwy. San Antonio, Texas 78201