State v. KNA Partners, a Texas Joint Venture

• Court: Court of Appeals of Texas
• Decided: December 29, 2014
• Docket: 01-14-00723-CV
• Status: Published

Opinion

ACCEPTED 01-14-00723-cv FIRST COURT OF APPEALS HOUSTON, TEXAS 12/29/2014 11:48:46 AM CHRISTOPHER PRINE CLERK

CAUSE NO. 01-14-00723-CV

FILED IN 1st COURT OF APPEALS IN THE COURT OF APPEALS FOR THE HOUSTON, TEXAS FIRST DISTRICT OF TEXAS AT HOUSTON 12/29/2014 11:48:46 AM CHRISTOPHER A. PRINE Clerk

THE STATE OF TEXAS, Appellant,

V.

KNA PARTNERS, INC., A TEXAS JOINT VENTURE Appellee.

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF

TO THE HONORABLE COURT OF APPEALS:

Appellant, the State of Texas, presents this Motion pursuant to Rules 10.5(b)

and 38.6(d) of the Texas Rules of Appellate Procedure and respectfully moves the

court for an extension of time to file Appellant’s Brief. As grounds for this Motion,

Appellant would respectfully show the Court the following:

1. Appellant’s Brief is due to be filed on December 29, 2014.

2. Appellant requests an extension of time to file its Brief until Wednesday,

January 28, 2015, which is 30 days after the current due date of December 29,

2014.

3. This is Appellant’s first request for extension of time to file its Brief. 4. Appellant needs an extension of time to file its Brief because the undersigned

appellate counsel Susan Desmarais Bonnen was not counsel in the trial court, and

needs additional time to review the lengthy appellate record. In addition, time

constraints on State’s counsel have made it impossible to complete the State’s Brief

by December 29, 2014. The office of State’s counsel has been closed on five

weekdays for the Thanksgiving and Christmas holidays and State's counsel has had

to take off numerous additional days due to the extended illness and death of her

father.

For these reasons, Appellant respectfully requests that the Court grant an

extension for filing Appellant’s Brief until Wednesday, January 28, 2015.

Respectfully submitted,

GREG ABBOTT Attorney General of Texas

DANIEL T. HODGE First Assistant Attorney General

DAVID C. MATTAX Deputy Attorney General for Defense Litigation

RANDALL K. HILL Assistant Attorney General Chief, Transportation Division

/S/ Susan Desmarais Bonnen SUSAN DESMARAIS BONNEN State Bar No. 05776725

-2- susan.bonnen@texasattorneygeneral.gov PHILIP ARNOLD State Bar No. 24044710 Assistant Attorneys General P. O. Box 12548 Austin, Texas 78711-2548 512/ 463-2004; FAX 512/ 472-3855

ATTORNEYS FOR APPELLANT, THE STATE OF TEXAS

CERTIFICATE OF CONFERENCE

I hereby certify that on December 23, 2014, I conferred with Dixon Montague and he indicated that Appellee is not opposed to the motion.

/S/ Susan Desmarais Bonnen SUSAN DESMARAIS BONNEN Assistant Attorney General

CERTIFICATE OF SERVICE

This is to certify that on this day, December 29, 2014, a true and correct copy of the foregoing Unopposed Motion for Extension of Time to File Appellant’s Brief has been sent as follows:

Dixon Montague VIA FACSIMILE (713) 615-5461 Billy C. Dyer and E-Service David G. Wall Vinson & Elkins 1001 Fannin Street, Suite 2500 Houston, Texas 77002

ATTORNEY FOR APPELLEE, KNA PARTNERS, INC., A TEXAS JOINT VENTURE /S/ Susan Desmarais Bonnen SUSAN DESMARAIS BONNEN Assistant Attorney General

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