Royal Bengal Construction, Inc. v. United Rentals, Inc.

Opinion

ACCEPTED 15-25-00053-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 6/23/2025 2:08 PM NO. 15-25-00053-CV CHRISTOPHER A. PRINE CLERK ______________________ FILED IN 15th COURT OF APPEALS AUSTIN, TEXAS IN THE 6/23/2025 2:08:34 PM COURT OF APPEALS CHRISTOPHER A. PRINE FIFTEENTH DISTRICT OF TEXAS AT AUSTIN Clerk ______________________

ROYAL BENGAL CONSTRUCTION, INC.

v.

UNITED RENTALS, INC.

Appealed from 191ST Judicial District Court Trial Court Cause No. DC-24-02808 in Dallas County, Texas

APPELLANT’S UNOPPOSED FINAL MOTION TO EXTEND TIME TO FILE PRINCIPAL BRIEF

TO THE HONORABLE COURT OF APPEALS

APPELLANT, by and through counsel, file this FINAL MOTION TO

EXTEND TIME TO FILE BRIEF and would show this Court the following:

BACKGROUND & RELIEF REQUESTED

1. Appellant’s Brief on the merits is due on June 23, 2025.

2. Appellant has previously requested two extensions of its Principal Brief.

3. Appellee requests a 7-day extension of its APPELLANT’S BRIEF due date

to Monday, June 30, 2025.

MOTION FOR EXTENSION OF TIME PAGE 1 OF 4 4. Appellant’s original due date for its brief was May 7, 2025, this extension

would extend that time until June 30, 2025, which is less than 60 days from the

original/first due date for Appellant’s brief.

ATTEMPTS TO CONFERENCE

5. Counsel for Appellee is Unopposed.

BACKGROUND

6. Appellant and Appellee, through counsel, have negotiated a settlement

agreement that conditions release of the judgment—which would resolve the issues

between the parties—on a single, timely payment.

7. Appellant has needed and been given an extension by Appellee to make this

payment on or before Monday, June 30, 2025. Thus, it is hoped that this matter will

be put to rest on June 30, 2025, and Appellant anticipates (on June 30, 2025) filing

a Motion requesting this Court to dismiss this appeal—after Appellant wires

payment.

8. As a way to minimize attorney’s fees on the parties and incurred by the parties

and respective attorneys, additional time would permit the parties to fully resolve

this matter without having to prepare briefs.

9. Events beyond Appellant’s control led to Appellant’s need to request an

extension of Appellant’s payment deadline from Appellee.

MOTION FOR EXTENSION OF TIME PAGE 2 OF 4 CAUSES FOR EXTENSION

10. Appellant needs additional time because the parties have reached a settlement

agreement that once payment has been made by Appellant would alleviate the need

for this appeal. But Appellant needed an extension (and was given one) to make

payment by June 30, 2025.

11. During this time, Appellant desired to conserve attorney resources and would

need additional time to prepare its Appellant’s brief in the unlikely even the parties

do not reach a settlement.

12. This extension is not sought solely for delay, not sought for needless delay, or

to be used as an instrument of oppression against Appellant.

13. This extension is sought to allow adequate time to fully and adequately

respond to Appellant’s brief and so that justice may be done.

14. Neither party will be prejudiced by the extension.

15. Both parties will be prejudiced—by not granting the extension—because then

both sides might otherwise have to devote resources to prosecuting this appeal while

also working toward a resolution.

16. This extension will NOT cause a delay of Appellant’s briefing beyond a total

of 60 days as Appellant’s original briefing due date was May 7, 2025.

MOTION FOR EXTENSION OF TIME PAGE 3 OF 4 PRAYER FOR RELIEF

Wherefore, premises considered, Movant prays that this Court will GRANT this

motion, and prepare an ORDER moving the due date for Movant’s Brief forward

days, from its current due date of June 23, 2025, to June 30, 2025.

Respectfully Submitted.

By: /s/ William Knisley WILLIAM KNISLEY SBOT No. 24095728 William@Knisley.Law

KNISLEY, PLLC PO BOX 803710 Dallas TX 75380 (T) 972-925-9225 ATTORNEY FOR APPELLANT

CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of this document has been E- Served on all parties or their counsel of record through the Texas E-File System via their email address on file on 6/23/2025. /s/ William Knisley

CERTIFICATE OF CONFERENCE The undersigned certifies that counsel for Appellee is unopposed to this Motion.

/s/ William Knisley

MOTION FOR EXTENSION OF TIME PAGE 4 OF 4 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Envelope ID: 102307939 Filing Code Description: Motion Filing Description: Final Motion For Extension of Appellant's Brief Status as of 6/23/2025 2:25 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

William Knisley William@Knisley.Law 6/23/2025 2:08:34 PM SENT

Matt Garcia matt@barnettgarcia.com 6/23/2025 2:08:34 PM SENT

Tracy East paralegal@barnettgarcia.com 6/23/2025 2:08:34 PM SENT