Oscar Padilla v. Grimes and Associates Consulting Engineers, L.P. ( 2018 )

ACCEPTED 11-18-00020-CV ELEVENTH COURT OF APPEALS EASTLAND, TEXAS 5/30/2018 6:15 PM SHERRY WILLIAMSON CLERK Cause 11-18-0020-CV In the FILED IN 11th COURT OF APPEALS EASTLAND, TEXAS Eleventh District Court of Appeals 05/30/2018 6:15:13 PM SHERRY WILLIAMSON Clerk Eastland, Texas Oscar Padilla, Appellant, v. Grimes & Associates Consulting Engineers, L.P., Appellee. Appeal from Cause CV49532 In the 441st District Court, Midland, Texas The Honorable Rodney Satterwhite, Presiding Judge Motion for an Extension of the Time Allowed to File the Brief of the Appellee Under the authority of TEX. R. APP. P. 38.6, the appellee, Grimes & Associates Consulting Engineers, L.P. (“Grimes & Assocs.”), asks the Court for an extension of the time allowed to file its brief. Grimes & Assocs. show the following in support of its request: 1. The brief for the appellee is due on 30 May 2018. 2. Grimes & Assocs. requests an extension up to and including 30 July 2018, which is the first-business day that is sixty days after the current due date. 3. This is Grimes & Assocs.’s first request for an extension of the time allowed to file its brief. 4. The undersigned counsel has not been able to complete a brief in this cause because the work necessary to prepare the responsive (and yet to be filed) brief, which the Texas Supreme Court requested in Cause 17-1050 before the appellant filed its brief in this cause, precluded him from performing the work necessary to file a brief for the appellee in this matter. 5. Accordingly, Grimes & Assocs. requests that the time allowed to file the brief for the appellee be enlarged until 30 July 2018. Premises considered, Grimes & Assocs. asks the Court to render an order granting (1) its first motion for an extension of the time allowed to file its appellate brief, and (2) all other relief deemed appropriate under law or equity. Respectfully submitted, CRAIG, TERRILL, HALE & GRANTHAM, L.L.P. 9816 Slide Rd., Suite 201 Lubbock, Texas 79424 Telephone: (806) 744-3232 Facsimile: (806) 744-2211 By: /s/ Gary Bellair Gary Bellair SBN 02104000 CERTIFICATE OF CONFERENCE AND OF SERVICE On 30 May 2018, the undersigned (1) discussed this request for an extension with the attorney for the appellant and determined there is no opposition to this request; and (2) served this document, by and through the electronic filing manager, on the following attorney of record, whose email address is on file with said manager: ALLEN R. STRODER Attorney at Law 6010 Hwy. 191, Ste. 230 Odessa, Texas 79762 Telephone: (432) 550-0473 Facsimile: (432) 368-4287 Email: allenstroder@cableone.net /s/ Gary Bellair Of the Firm