the Harris County Appraisal District v. Clear Lake Office Partners, LLC and Metro Clear Lake Office Partners, LLC

• Court: Court of Appeals of Texas
• Decided: March 26, 2015
• Docket: 14-15-00150-CV
• Status: Published

Opinion

ACCEPTED 14-15-00150-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 3/26/2015 12:39:07 PM CHRISTOPHER PRINE CLERK

NO. 14-15-00150-CV __________________________________________________________________ FILED IN 14th COURT OF APPEALS IN THE HOUSTON, TEXAS COURT OF APPEALS 3/26/2015 12:39:07 PM FOURTEENTH DISTRICT OF TEXAS CHRISTOPHER A. PRINE HOUSTON, TEXAS Clerk __________________________________________________________________

HARRIS COUNTY APPRAISAL DISTRICT, Appellant V.

CLEAR LAKE OFFICE PARTNERS, LLC AND METRO CLEARK LAKE OFFICE PARTNERS, LLC,

Appellees __________________________________________________________________

On Appeal from the 127th Judicial District Court of Harris County, Texas Trial Court Cause No. 2013-53295

APPELLANT’S UNOPPOSED MOTION TO EXTEND TIME TO FILE THE CLERK’S RECORD

TO THE HONORABLE FIRST COURT OF APPEALS:

Pursuant to Rule 10.5(b) of the Texas Rules of Appellate Procedure,

Appellant, HARRIS COUNTY APPRAISAL DISTRICT files this Unopposed

Motion to Extend the Time to File the Clerk’s Record, and in support thereof would

respectfully show the following:

A. The Clerk’s Record was due to be filed on or before March 23, 2015. B. Appellant requests a forty-six (46) day extension of time to file the

Clerk’s Record, which, if granted, would make the record due on or

before Monday, May 11, 2015.

C. Good cause exists for this extension because the parties have

tentatively settled this case, subject to approval of the Board of

Directors of the Harris County Appraisal District (“Board”).

Approval by the Board is required because Appellant is a

governmental entity. In addition the Texas Property Tax Code

requires a judgment in order to effectuate the settlement. Tex. Tax

Code Ann. § 25.25(a) (West, Westlaw through 2013 sess.). Upon

approval by the Board, the parties will submit a motion to remand for

entry of an agreed final judgment.

D. This is Appellant’s first request for an extension of time to file the

Clerk’s Record. No further request for an extension will be made,

absent compelling circumstances.

E. Counsel for Appellees has been contacted and is not opposed to this

request, as set forth in the certificate of conference.

WHEREFORE, PREMISES CONSIDERED, Appellant respectfully prays that

this Court grant this Unopposed Motion to Extend Time to File the Clerk’s Record

and set the deadline for filing the record on May 11, 2015.

Clear Lake Office 14-15-00150-CV 2 HCAD’s Motion to Extend Time to File Clerk’s Record Respectfully submitted,

OLSON & OLSON, L.L.P.

By: /s/ Robert P. McConnell Robert P. McConnell State Bar No. 13448300 rmcconnell@olsonllp.com David W. Olson State Bar No. 24051136 dolson@olsonllp.com Wortham Tower, Suite 600 2727 Allen Parkway Houston, Texas 77019 Telephone: (713) 533-3800 Facsimile: (713) 533-3888

ATTORNEYS FOR APPELLANT

CERTIFICATE OF CONFERENCE

Appellant’s counsel contacted Appellees’ counsel regarding this matter and she is unopposed.

/s/ Robert P. McConnell Robert P. McConnell

Clear Lake Office 14-15-00150-CV 3 HCAD’s Motion to Extend Time to File Clerk’s Record CERTIFICATE OF SERVICE

I hereby certify that on the 26th day of March 2015, a true and correct copy

of the foregoing Appellant’s Unopposed Motion to Extend Time to File the Clerk’s

Record was served on the counsel for Appellees by:

telecopy (713) 688-0199

certified mail, return receipt requested

electronic service

to Mary A. Van Kerrebrook, VAN KERREBROOK & ASSOCIATES P.C., 712

Main Street, Suite 720, Houston, Texas 77002.

Clear Lake Office 14-15-00150-CV 4 HCAD’s Motion to Extend Time to File Clerk’s Record