Shayn a Proler v. City of Houston

Opinion

ACCEPTED 14-15-00387-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 11/13/2015 1:51:53 PM CHRISTOPHER PRINE CLERK

No. 14-15-00387-CV _______________________________________________ FILED IN 14th COURT OF APPEALS In the Court of Appeals for the HOUSTON, TEXAS Fourteenth District of Texas at Houston 11/13/2015 1:51:53 PM _______________________________________________CHRISTOPHER A. PRINE Clerk

SHAYN A. PROLER Appellants V.

CITY OF HOUSTON, Appellee _______________________________________________

On Appeal from the 234th Judicial District Court Harris County, Texas Trial Court Case No. 2007-30944 ______________________________________________________________

Unopposed Motion for Extension of Time to File Appellee’s Brief ______________________________________________________________

TO THE HONORABLE FOURTEENTH COURT OF APPEALS:

Appellee respectfully requests a thirty-day extension of time to file its Appellee’s Brief, up to and including December 16, 2015, and in support respectfully shows as follows:

1. Appellant’s Brief was filed October 16, 2015, generating a due date for Appellee’s Brief of November 16, 2015.

2. This is the first motion for an extension of time to file the brief. It is unopposed.

3. The undersigned has a busy appellate practice, including related trial court motions and hearings, with the City. Among other briefs the undersigned has been, and continues to be, working on during this briefing period are:

a. No. 15-20237, Ricardo Salazar-Limon v. City of Houston, et al., in the United States Court of Appeals for the 5th Circuit, Appellees’ Brief due November 18, 2015; b. In re City of Houston, No. 15-_____, in the Supreme Court of Texas, anticipated filing date November 23, 2015.

4. The undersigned has conferred with the attorney for Appellant and he does not oppose the extension.

5. This motion is not for delay but so that justice may be done.

For these reasons, Appellee respectfully asks that the Court grant it a

thirty-day extension of time to file its brief, and grant any other relief to which

it is entitled. Respectfully submitted,

DONNA L. EDMUNDSON City Attorney JUDITH L. RAMSEY Chief, General Litigation Section

By: /s/ Robert W. Higgason Robert W. Higgason Senior Assistant City Attorney State Bar No. 09590800 City of Houston Legal Department 900 Bagby, 3rd Floor Houston, Texas 77002 Telephone: 832.393.6481 Facsimile: 832.393.6259 robert.higgason@houstontx.gov

Attorneys for Appellee

Certificate of Conference

I hereby certify that I have conferred with Appellant’s counsel and that Appellant is unopposed to this motion.

/s/ Robert W. Higgason Robert W. Higgason Certificate of Service

I hereby certify that on November 13, 2015, a true and correct copy of the foregoing has been served on counsel below via e-service.

David T. Lopez DAVID T. LOPEZ & ASSOC. 3900 Montrose Blvd. Houston, Texas 77006-4959 dtlopez@lopezlawfirm.com

Attorney for Appellant /s/ Robert W. Higgason Robert W. Higgason