Sanadco Inc., a Texas Corporation Mahmoud Ahmed Isba Broadway Grocery, Inc. And Shariz, Inc. v. Glenn Hegar, in His Individual and Official Capacity as Comptroller of Public Accounts Office of Comptroller of Public Accounts for the State of Texas And Ken Paxton, in His Official Capacity as Attorney General of the State of Texas ( 2015 )


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  • ACCEPTED 03-14-00771-CV 5841094 THIRD COURT OF APPEALS AUSTIN, TEXAS 6/26/2015 12:47:22 PM JEFFREY D. KYLE CLERK NO. 03-14-00771-CV FILED IN In The 3rd COURT OF APPEALS AUSTIN, TEXAS Third Court of Appeals 6/26/2015 12:47:22 PM JEFFREY D. KYLE AT AUSTIN, TEXAS Clerk Sanadco Inc., Mahmoud A. Isba, Broadway Grocery, Inc., Shariz, Inc., Ruby & Sons Store, Inc., and Rubina Noorani, APPELLANTS VS. The Office of the Comptroller of Public Accounts; Glenn Hegar, in his individual and official capacities as Comptroller of Public Accounts for the State of Texas; and Ken Paxton in his official capacity as Attorney General of the State of Texas, APPELLEES __________________________________________________________ Appeal From Cause No D-1-GN-13-4352 The 200th District Court Of Travis County, Texas The Honorable Charles Ramsay, Presiding __________________________________________________________ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ REPLY BRIEF ___________________________________________________________ TO THE HONORABLE THIRD COURT OF APPEALS: Appellants, SANADCO, INC. ET AL, pursuant to TEX. R. APP. P. 38.6 (d) and 10.5 (b), move this Honorable Court to extend the time for filing its Appellant’s Reply Brief, and for cause would show unto the Court the following: 1. The 200th District Court issued its order denying Appellants’ motion for temporary orders in Cause No. D-1-GN-13-4352 on November 13, 2014. On December 3, 2014, Appellants timely filed a Notice of Accelerated Appeal from an Interlocutory Order Denying a Temporary Injunction. The clerk filed her record on January 6, 2015, and the Reporter did not file a record. 2. After a grant of a motion for extension of time, Appellants timely filed its brief on April 16, 2015, and Appellees, after the grant of its motion for extension of time, filed their timely Response on May 26, 2015. 3. On June 16, 2016, Appellants inadvertently submitted their untimely Reply Brief, having been due on June 15, 2015 pursuant to Rule 38.6 (c). Appellants, after inquiry, were advised on June 26, 2015, that a motion for new trial would be required before the brief could be filed. 4. For these reasons, Appellants respectfully request that the Court grant a 12- day extension of time for filing this Appellants’ Brief, creating a new deadline of June 27, 2015. 5. This motion is not being sought for delay, but so that the interests of justice may be served. WHEREFORE, PREMISES CONSIDERED, Appellants respectfully move this Honorable Court to grant this motion for extension of time and extend the time for filing the Appellants’ Reply Brief in this cause to June 27, 2015. Respectfully submitted, Law Office of Samuel T. Jackson __/s/ Samuel T Jackson Texas Bar No. 10495700 PO Box 170633 Arlington, TX 76003-0633 Sanadco Inc. and Mahmoud A. Isba, Et Al vs. 2 The Comptroller of Public Accounts, Et Al Motion for Extension of Time Tel: (512) 692-6260 Fax. 866 -722-9685 jacksonlaw@hotmail.com ATTORNEY FOR APPELLANTS CERTIFICATE OF CONFERENCE I hereby certify that counsel for the parties have conferred concerning this request for extension of time, and counsel for the Appellees does not oppose this motion. _/s/ Samuel T Jackson Samuel T. Jackson CERTIFICATE OF SERVICE By my signature above, I hereby certify that a true and correct copy of the above and foregoing instrument was served on the parties or their attorneys via facsimile, certified mail, return receipt requested, and/or hand delivery on June 26, 2015, in accordance with the Texas Rules of Appellate Procedure, to the following: JACK HOHENGARTEN Assistant Attorney General FINANCIAL LITIGATION DIVISION P.O. Box 12548 Austin, TX 78711-2548 Tel: (512) 475-3503 Fax: (512) 477-2348/480-8327 Email: jack.hohengarten@oag.state.tx.us Sanadco Inc. and Mahmoud A. Isba, Et Al vs. 3 The Comptroller of Public Accounts, Et Al Motion for Extension of Time

Document Info

Docket Number: 03-14-00771-CV

Filed Date: 6/26/2015

Precedential Status: Precedential

Modified Date: 9/30/2016