League City v. Texas Windstorm Insurance Association ( 2015 )

ACCEPTED
01-15-00117-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
5/5/2015 3:01:52 PM
CHRISTOPHER PRINE
CLERK
No. 01-15-00117-CV
FILED IN
1st COURT OF APPEALS
In the HOUSTON, TEXAS
5/5/2015 3:01:52 PM
Court of Appeals CHRISTOPHER A. PRINE
Clerk
for the First District of Texas
LEAGUE CITY,
Appellant/Cross-Appellee,
v.
TEXAS WINDSTORM INSURANCE ASSOCIATION,
Appellees/Cross-Appellants.
UNOPPOSED MOTION FOR EXTENSION
OF TIME TO FILE BRIEF OF APPELLANT
TO THE HONORABLE COURT OF APPEALS:
Appellant, League City, under the authority of TEX. R. APP. P. 10.5(b), asks
for additional time to file its brief as appellant.
1. The brief of appellant is due May 14, 2015.
2. This is League City’s first request for an extension of time for filing
its brief as appellant.
3. League City respectfully requests a 30-day extension of time for filing
its brief as appellant. With the extension, League City’s brief as appellant will be
due on June 13, 2015.
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4. League City requests an extension because the case is unusually
complex. The 58 volume reporter’s record contains 22 volumes of testimony and
26 volumes of exhibits. The jury charge is 41 pages long and including 23-
numbered questions (plus multiple subparts). The trial court disregarded the
jury’s many findings favorable to League City (including findings that TWIA
failed to comply with the insurance policy and violated the Insurance Code) and
rendered judgment that League City take nothing. Consequently, League City
must raise numerous issues on appeal, most of which require careful review of and
citations to the lengthy record.
5. Additionally, counsel has been required to attend to other time-
sensitive matters, including the following:
a. Preparation of response to petition for writ of mandamus in No. 14-
0829, In Re State Farm Lloyds, et al.; in the Supreme Court of Texas,
filed April 20, 2015 (Trigo).
b. Preparation of response to petition for writ of mandamus in No. 14-
0843, In Re State Farm Lloyds, et al.; in the Supreme Court of Texas,
filed April 20, 2015 (Ledezma).
c. Preparation of response to petition for writ of mandamus in No. 14-
0846, In Re State Farm Lloyds, et al.; in the Supreme Court of Texas,
filed April 20, 2015 (Segovia).
d. Preparation of response to defendants’ motions for summary judgment
in No. 2013-25000; John Durham v. The Stephens Group, LLC, et al.;
In the 295th Judicial District Court of Harris County, Texas, filed
April 20, 2015.
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e. Preparation for and attendance at hearing on motions for summary
judgment in No. 2013-25000; John Durham v. The Stephens Group,
LLC, et al.; In the 295th Judicial District Court of Harris County,
Texas, held on April 27 and 28, 2015.
f. Preparation of relator’s emergency motion for stay in No. 14-0999; In
Re Christopher W. Martin; In the Supreme Court of Texas, filed April
29, 2015.
g. Preparation for and presentation of oral argument in No. 01-14-00133-
CV; United Services Automobile Association v. Joseph Hayes, Jr. and
Joanne Hayes; in the First Court of Appeals, Houston, Texas, held on
April 29, 2015.
h. Preparation of reply in support of petition for writ of mandamus in
No. 14-0999; In Re Christopher W. Martin; In the Supreme Court of
Texas, to be filed by May 8, 2015.
i. Preparation of response to cross-petition for review in No. 14-1028;
Sun Development, L.P. v. Larry Hughes and Susan Hughes; in the
Supreme Court of Texas, due May 20, 2015.
j. Preparation of brief of appellees in No. 14-14-00824-CV; State Farm
Lloyds v. Candelario Fuentes and Maria Fuentes; in the Fourteenth
Court of Appeals, Houston, Texas, due May 25, 2015.
6. Counsel for appellant has conferred with counsel for appellee, Dale
Wainwright, and TWIA is unopposed to the requested extension.
7. This request is not sought for delay, but in order that justice may be
done. See TEX. R. APP. P. 10.5(b)(1)(C).
PRAYER
Appellant, League City, asks this Court to grant an extension of 30 days,
until June 13, 2015, to file its brief as appellant. League City also prays for any
other relief to which it may be entitled.
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Respectfully Submitted:
THE MOSTYN LAW FIRM HOGAN & HOGAN
Gregory F. Cox By: /s/ Jennifer Bruch Hogan
State Bar No. 00793561 Jennifer Bruch Hogan
gfcox@mostynlaw.com State Bar No. 03239100
6280 Delaware Street jhogan@hoganfirm.com
Beaumont, Texas 77706 Richard P. Hogan, Jr.
409.832.2777–telephone State Bar No. 09802010
409.832.2703–facsimile rhogan@hoganfirm.com
James C. Marrow
THE MOSTYN LAW FIRM State Bar No. 24013103
jmarrow@hoganfirm.com
Rene M. Sigman Pennzoil Place
State Bar No. 24037492 711 Louisiana, Suite 500
rmsigman@mostynlaw.com Houston, Texas 77002-2721
3810 W. Alabama 713.222.8800–telephone
Houston, Texas 77027 713.222.8810–facsimile
713.861.6616–telephone
713.861.8084–facsimile
Attorneys for Appellant
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CERTIFICATE OF CONFERENCE
Counsel for appellees has conferred with counsel for appellee, Dale
Wainwright, and TWIA is unopposed to the motion for extension of time to file
League City’s brief as appellant.
/s/ Jennifer Bruch Hogan
Jennifer Bruch Hogan
Dated: May 5, 2015
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CERTIFICATE OF SERVICE
I certify that a true and correct copy of the above and foregoing was
forwarded to all counsel of record by the Electronic Filing Service Provider, if
registered; a true and correct copy of this document was forwarded to all counsel
of record not registered with an Electronic Filing Service Provider and to all other
parties as follows:
Counsel for Texas Windstorm Insurance Association:
Dale Wainwright
BRACEWELL & GIULIANI LLP
111 Congress Avenue Suite 2300
Austin, Texas 78701-4061
Via TexFile
Andrew T. McKinney IV
LITCHFIELD CAVO LLP
One Riverway, Suite 1000
Houston, Texas 77056
Via TexFile
James R. Old, Jr.
JAY OLD & ASSOCIATES, PLLC
3560 Delaware, Suite 308
Beaumont, Texas 77706
Via TexFile
/s/ Jennifer Bruch Hogan
Jennifer Bruch Hogan
Dated: May 5, 2015
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