Trinity Materials, Inc v. Carroll Sansom, James Sansom, and Robert Coe

• Court: Court of Appeals of Texas
• Decided: January 15, 2015
• Docket: 03-11-00483-CV
• Status: Published

Opinion

ACCEPTED 03-11-00483-CV 3785571 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/15/2015 3:26:10 PM JEFFREY D. KYLE CLERK No. 03-11-00483-CV __________________________________________________________________ FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS In the Third Court of Appeals 1/15/2015 3:26:10 PM Austin, Texas JEFFREY D. KYLE Clerk __________________________________________________________________

Trinity Materials, Inc., Appellant, v. Carroll Sansom, James Sansom, and Robert Coe, Appellees. __________________________________________________________________

On Appeal from the 201st District Court Of Travis County, Texas, Hon. Honorable Stephen Yelenosky, Presiding __________________________________________________________________

UNOPPOSED MOTION TO EXTEND TIME TO MOVE FOR REHEARING __________________________________________________________________

TO THE HONORABLE COURT OF APPEALS:

Appellant Trinity Materials, Inc. (“Trinity”) files this Unopposed Motion for

Extension of Time seeking an additional 29 days, until February 13, 2015, within

which to move for rehearing and would show the Court the following:

-1- 1. The deadline for Appellant to move for rehearing is January 15, 2015.

Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 49.8, Appellant seeks

an extension of 29 days, until February 13, 2015, within which to pursue rehearing.

2. This extension is requested because Appellant’s counsel are engaged

in the following other matters with deadlines in and around January and February

2015:

a. United States of America, ex rel, Joshua Harman v. Trinity Industries, Inc., et al. v. The Center for Auto Safety, et al., No. 14-40995 (United States Court of Appeals for the Fifth Circuit). Counsel for Appellant represents Appellees in that case. Counsel presented oral argument on January 8, 2015.

b. Ensign Group, Inc. v Erica Mammen, No. 02-14-00317-CV (Second District Court of Appeals of Texas, Fort Worth). Counsel for Appellant represents Appellants in that case. Counsel will present oral argument, which is currently scheduled for January 20, 2015.

c. In re John Reeder, No. 14-0749 (Supreme Court of Texas). Counsel for Appellant represents Respondents. Respondents’ Brief on the Merits is due February 9, 2015.

3. An extension of time for filing the Motion for Rehearing is sought so

that justice may be done in the disposition of this appeal and due to unavoidable

conflicts, not for the purpose of delay. This Motion is unopposed.

4. Appellant has not previously requested any other extensions of time

for moving for rehearing.

-2- CONCLUSION AND REQUEST FOR RELIEF

For these reasons, Appellant requests that the Court grant it an extension of

time until and including February 13, 2015, in which to move for rehearing, and

award all such other and further relief to which it may be justly entitled.

Respectfully submitted,

/s/ Heather Bailey New Heather Bailey New State Bar No. 24007642 hnew@bellnunnally.com Jason P. Steed State Bar No. 24070671 jsteed@bellnunnally.com BELL NUNNALLY & MARTIN, LLP 3232 McKinney Avenue, Suite 1400 Dallas, Texas 75204 (214) 740-1400 (214) 740-1499

ATTORNEYS FOR APPELLANT TRINITY MATERIALS, INC.

CERTIFICATE OF CONFERENCE

The undersigned conferred with counsel for Appellees Don Magee, by telephone, on January 15, 2015, and Appellees do not oppose the extension of time requested in this motion.

/s/ Heather Bailey New Heather Bailey New

-3- CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the foregoing document was delivered to the following persons on January 15, 2015, through the Efile.TXCourts.gov electronic filing system: Don H. Magee Julian Lockwood April Lucas MCGINNIS, LOCHRIDGE & KILGORE, L.L.P. 600 Congress Ave., Suite 2100 Austin, Texas 78701 Tel: (512) 495-6040 Fax: (512) 505-6340

/s/ Heather Bailey New Heather Bailey New 1994394_1 / 972.103

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