Smith-Reagan & Associates, Inc. D/B/A Smith-Reagan Insurance Agency v. Fort Ringgold Limited, Pete Diaz III, Aaron Diaz and Monica Aguillon

• Court: Court of Appeals of Texas
• Decided: March 20, 2015
• Docket: 04-13-00608-CV
• Status: Published

Opinion

ACCEPTED 04-13-00608-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 3/20/2015 10:37:32 AM KEITH HOTTLE CLERK

NO. 04-13-00608-CV FILED IN IN THE TEXAS COURT OF APPEALS FOR THE FOURTH DISTRICT 4th COURT OF APPEALS SAN ANTONIO, TEXAS SAN ANTONIO, TEXAS 03/20/2015 10:37:32 AM KEITH E. HOTTLE * * * * * Clerk

SMITH-REAGAN & ASSOCIATES, INC., D/B/A SMITH-REAGAN INSURANCE AGENCY,

APPELLANT,

V.

FORT RINGGOLD LIMITED, PETE DIAZ III, AARON DIAZ and MONICA AGUILLON,

APPELLEES. * * * * * On Appeal from the 381st Judicial District Court Starr County, Texas District Court Cause No. DC-02-343

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ MOTION FOR REHEARING AND MOTION FOR REHEARING EN BANC

* * * * *

THE HONORABLE JUSTICES OF THE COURT:

Fort Ringgold Limited, Pete Diaz III, Aaron Diaz and Monica Aguillon,

Appellees, respectfully present this unopposed motion requesting that the time for filing

Motion for Rehearing and Motion for Rehearing En Banc be extended fourteen (14) days,

from March 26, 2015 to April 9, 2015. In support of this motion, Appellee would show

the Court as follows: 1. The Court’s memorandum opinion and judgment in this appeal were

delivered March 11, 2015. Motions for rehearing are currently due in this matter by

March 26, 2015. This motion is being filed prior to the time Appellees’ motions are due.

2. Appellees request the Court extend the deadline for rehearing motions by

an additional fourteen (14) days from the date the motions are currently due, making

them due on or before April 9, 2015, because of significant scheduling conflicts for their

appellate counsel as detailed below.

3. Since this Court’s memorandum opinion and judgment were issued,

appellate Counsel for Appellees, Brendan K. McBride, has been occupied with drafting

and finalizing a brief that was filed with the Twelfth Court of Appeals on March 19, 2015

in Cause No. 12-14-00155-CV, Brewer, et. al. v. Lowe’s Home Centers, Inc. Mr.

McBride is currently assisting with trial briefing and preparation for a matter that is set to

begin trial on Monday, March 23, 2015 in Bexar County, Cause No. 208-CI-11736,

Mulder v. Venture Trans. Logistics. In addition, Mr. McBride will be presenting oral

argument to this Court on Thursday, March 26, 2015, the date the motions are currently

due in this case, in Cause No. 14-14-00562-CV, De Los Santos v. Ford Motor Company.

4. In order for their counsel to give the necessary attention to the issues, and

to adequately prepare Appellees’ Motion for Rehearing and Motion for Rehearing En

Banc, Appellees request a fourteen (14) day extension of time to accommodate these

scheduling conflicts.

5. This is the first extension Appellees have requested regarding any deadlines

in this appeal.

2 6. This extension is not requested for any purpose of delay, but so that justice

may be done.

9. Certificate of Conference: On March 19, 2015, the undersigned

exchanged emails with counsel for Appellant, Crisanta Lozano, regarding the relief

requested in this motion. Appellant’s counsel’s indicated that this motion could be

filed as UNOPPOSED.

Respectfully submitted,

By: ________________________________ Brendan K. McBride State Bar No. 24008900 Brendan.mcbride@att.net THE MCBRIDE LAW FIRM Of Counsel to GRAVELY & PEARSON, LLP 425 Soledad, Suite 620 San Antonio, Texas 78205 (210) 227-1200 Telephone (210) 881-6752 Facsimile

And

Matthew R. Pearson State Bar No. 00788173 GRAVELY & PEARSON, L.L.P. 425 Soledad, Suite 600 San Antonio, Texas 78205 Telephone: (210) 472-1111 Facsimile: (210) 472-1110

COUNSEL FOR APPELLEES

3 CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document has been forwarded on this 20th day of March, 2015 to Appellant’s counsel of record, Crisanta Lozano, by electronic service through Texas.gov.

____________________________________ Brendan K. McBride