State v. Treeline Partners, LTD., a Texas Limited Partnership, Laroca Partners II, LTD., a Texas Limited Partnership and CBS Outdoor, Inc., a Delaware Corporation

• Court: Court of Appeals of Texas
• Decided: January 30, 2015
• Docket: 14-14-00462-CV
• Status: Published

Opinion

ACCEPTED 14-14-00462-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 1/30/2015 10:47:34 AM CHRISTOPHER PRINE CLERK

No. 14-14-00462-CV __________________________________ FILED IN 14th COURT OF APPEALS IN THE FOURTEENTH COURT OF APPEALS AT HOUSTON HOUSTON, TEXAS __________________________________ 1/30/2015 10:47:34 AM CHRISTOPHER A. PRINE Clerk THE STATE OF TEXAS, Appellant, v. TREELINE PARTNERS, LTD., a Texas Limited Partnership, Laroca Partners H, LTD., a Texas Limited Partnership and CBS Outdoor, Inc., a Delaware Corporation,

Appellees. __________________________________

APPELLEE TREELINE’S UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLEE __________________________________

Trial Court Cause No. 1016954 On Appeal from County Court at Law Number Three of Harris County, Texas The Honorable Linda Storey, Judge Presiding __________________________________

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

Pursuant to Rule 10.5(b) and 38.6(d) of the Texas Rules of Appellant

Procedure, Treeline Partners, Ltd., a Texas Limited Partnership, and Laroca

Partners H, Ltd., a Texas Limited Partnership (collectively “Treeline”) files this its

Unopposed First Motion for Extension of Time to File Brief of Appellee, and

would show the Court as follows:

1 1. Appellant, the State of Texas, filed its Brief of Appellant on January

6, 2015, after taking three extensions.

2. Appellee Treeline’s Brief of Appellees is due to be filed on February

6, 2015.

3. Appellee Treeline requests a 30-day extension of time to file its Brief

of Appellee until Monday, March 9, 2015 (the 30th day falls on Sunday, March 8).

4. This is Appellee Treeline’s First Motion for extension of time to file

its Brief.

5. Appellee requests an extension because this case involves a lengthy

appellate record consisting of 1,134 pages in the Clerk’s Record and 16 volumes of

reporter’s record consisting of 2,536 pages.

6. Appellant, the State of Texas is not opposed to this Motion.

For these reasons, Appellee Treeline prays that the Court grant this Motion

and extend the time for filing its Brief of Appellee to and including March 9, 2015.

Treeline prays for such other and further relief to which it may be justly entitled.

2 Respectfully submitted,

VINSON & ELKINS L.L.P.

/s/ Marie R. Yeates Marie R. Yeates State Bar No. 22150700 myeates@velaw.com H. Dixon Montague State Bar No. 14277700 dmontague@velaw.com Billy C. Dyer State Bar No. 06312580 bdyer@velaw.com Catherine B. Smith State Bar No. 03319970 csmith@velaw.com David G. Wall State Bar No. 25060788 dwall@velaw.com 1001 Fannin Street, Suite 2500 Houston, Texas 77002-6760 Telephone: 713.758.2086 Facsimile: 713.615. 5461

Attorneys for Appellees Treeline Partners, Ltd., and Laroca Partners H, Ltd.

CERTIFICATE OF CONFERENCE

I hereby certify that on January 29, 2015, I conferred with Susan Desmarais Bonnen (attorney for Appellant, the State of Texas) via email, and she indicated that the State was not opposed to this motion. I certify that on January 29, 2015, I conferred with Richard Rothfelder (attorney for Appellee, CBS Outdoor) via email, and he indicated that CBS Outdoor was not opposed to this motion.

/s/ H. Dixon Montague H. Dixon Montague 3 CERTIFICATE OF SERVICE

The undersigned certifies that on January 30, 2015, the foregoing Brief of Appellees was served electronically on the following parties in accordance with the requirements of the Texas Rules of Appellate Procedure:

Susan Desmarais Bonnen susan.bonnen@texasattorneygeneral.gov Phillip Arnold philip.amold@texasattomeygeneral.gov Esther Fraser Esther.fraser@texasattorneygeneral.gov Assistant Attorneys General P.O. Box 12548 Austin, Texas 78711-2548 Attorneys for Appellants Via Electronic Service

ROTHFELDER & FALICK, LLP Leslie Taylor Leslie54Taylor@att.net Richard L. Rothfelder rrothfelder@swbell.net 1201 Louisiana Street, Suite 550 Houston, Texas 77002 Attorneys for Appellee, CBS Outdoor Via Electronic Service

/s/ Catherine B. Smith Catherine B. Smith

US 3265571v.1