Victory Cheval Holdings, LLC Garrett Jennings And Castle Crown Management, LLC v. Dennis Antolik Victor Antolik And Cheval Manor, Inc. D/B/A Austin Polo Club

Opinion

ACCEPTED 03-15-00464-CV 7222978 THIRD COURT OF APPEALS AUSTIN, TEXAS October 5, 2015 10/5/2015 10:42:59 AM JEFFREY D. KYLE CLERK NO. 03-15-00464-CV __________________________________________________ RECEIVED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS THIRD JUDICIAL DISTRICT OF TEXAS10/5/2015 10:42:59 AM AT AUSTIN JEFFREY D. KYLE ________________________________________________Clerk

VICTORY CHEVAL HOLDINGS, LLC, GARRETT JENNINGS AND CASTLE CROWN MANAGEMENT, LLC,

Appellants

v.

DENNIS ANTOLIK, VICTOR ANTOLIK and CHEVAL MANOR, INC.,

Appellees

APPELLEES’ AGREED MOTION TO EXTEND DEADLINE TO FILE APPELLEES’ BRIEF

TO THE HONORABLE THIRD COURT OF APPEALS:

Appellees Victor Antolik, Dennis Antolik, and Cheval Manor, Inc.

(“Appellees”) file this agreed motion to extend their deadline to file Appellees’

brief.

This is an interlocutory appeal of a temporary injunction. See Tex. Civ.

Prac. & Rem. Code § 51.014(a)(4). Under Texas Rule of Appellate Procedure

(“TRAP”) 28.1, interlocutory appeals allowed by statute are deemed accelerated

appeals. Under TRAP 38.6 and Local Appellate Rule 57, the deadline to file the

8590-02/00537370.000 1 appellee’s brief in an accelerated appeal is twenty (20) days after the filing of the

appellant’s brief. Hence, Appellees’ brief is due by October 6, 2015, which is

twenty (20) days after Appellants Victory Cheval Holdings, LLC, Garrett Jennings,

and Castle Crown Management, LLC (“Appellants”) filed their brief on September

16, 2015 after receiving an extension from this Court.

On September 28, 2015, Appellants’ counsel agreed to extend Appellees’

deadline to file their brief until October 20, 2015. The following day, the parties

attended mediation. Although no settlement was reached, the parties have agreed

on a general framework that they hope will result in a final resolution of all

disputes between the parties, including this appeal. The parties are continuing to

negotiate the final points of an agreement, and, in the meantime, they have agreed

to continue the hearing on their cross-motions for contempt and have requested an

extension of their deadline to file supplemental clerk’s and reporter’s records with

this Court. An extension of Appellee’s briefing deadline will save Appellees time

and expense preparing a brief that they hope will be unnecessary once the parties’

settlement is finalized.

PRAYER

Accordingly, Appellees Victor Antolik, Dennis Antolik, and Cheval Manor,

Inc. respectfully request that the Court extend their deadline to file Appellees’ brief

until October 20, 2015.

8590-02/00537370.000 2 Respectfully submitted,

TAUBE SUMMERS HARRISON TAYLOR MEINZER BROWN LLP

By: /s/ Cleveland R. Burke Mark C. Taylor State Bar No. 19713225 Cleveland R. Burke State Bar No. 24064975 100 Congress Avenue, 18th Floor Austin, Texas 78701 (512) 472-5997 (512) 472-5248 (FAX) mtaylor@taubesummers.com cburke@taubesummers.com

ATTORNEYS FOR APPELLEES DENNIS ANTOLIK AND CHEVAL MANOR, INC.

And

By: /s/ Jack P. Bacon JACK P. BACON State Bar No. 01494400 3839 Bee Caves Road, Suite 100 Austin, Texas 78746 (512) 914-8619 (512) 480-8170 (FAX) hotbacon@me.com

ATTORNEY FOR APPELLEE VICTOR ANTOLIK

8590-02/00537370.000 3 CERTIFICATE OF CONFERENCE

I hereby certify that, on September 28, 2015, Appellees’ attorney Mark Taylor conferred via email with Appellants’ attorneys Kemp Gorthey and Peyton Smith. Mr. Gorthey agreed to the relief sought in this motion on behalf of Appellants.

/s/ Cleveland R. Burke Cleveland R. Burke

CERTIFICATE OF SERVICE

I hereby certify that the counsel listed below were served with a true and correct copy of the foregoing motion via eFile.TXCourts.gov on October 5, 2015:

Kemp Gorthey Donald R. Taylor The Gorthey Law Firm Isabelle M. Antongiorgi 604 W. 12th Street Taylor, Dunham & Rodriguez, LLP Austin, Texas 78701 301 Congress Avenue, Suite 1050 kemp@gortheylaw.com Austin, Texas 78701 Counsel for Appellants Garrett Jennings dtaylor@taylordunham.com and Castle Crown Management, LLC ima@taylordunham.com Former counsel for Appellee Victor Antolik

Peyton N. Smith Brian L. King Reed & Scardino LLP 301 Congress Avenue, Suite 1250 Austin, Texas 78701 psmith@reedscardino.com bking@reedscardino.com Counsel for Appellant Victory Cheval Holdings, LLC

/s/ Cleveland R. Burke Cleveland R. Burke

8590-02/00537370.000 4