Abdul H. Nubani v. County of Guadalupe and Randall R. Smidt ( 2015 )

ACCEPTED 04-15-00279-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 7/13/2015 10:44:29 AM KEITH HOTTLE CLERK N0. 04-15-00279-CV , IN THE COURT OF APPEALS FOR THE 4TH DISTRICT, AT SAN ANTONIO, TEXAS FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS ABDUL H. NUBANI 07/13/2015 10:44:29 AM KEITH E. HOTTLE V. Clerk COUNTY OF GUADALUPE, ET AL. APPELLANT’S MOTION TO EXTEND ORDER ABATING APPELLATE DEADLINES PENDING SETTLEMENT 1. Appellant is Abdul H. Nubani. Appellees are the County of Guadalupe and Randall R. Smidt. 2. Appellant timely filed his notice of appeal on April 23, 2015. 3. The parties have agreed to settle their dispute. Appellant requests an abatement of all deadlines in this matter until settlement documents can be drafted and executed. The settlement will provide that this appeal be dismissed. 4. Appellant resides in the United Arab Emirates. The settlement requires delivery of executed documents with original signatures. The parties came to agreement on the language of the settlement documents on June 11, 2015. 5. This Court granted Appellant’s motion to abate and order Appellant to file a motion no later than July 13, 2015. Page 1 of 3 6. On July 4, 2015, appellant deposited the signed documents necessary to effect the settlement with a commercial courier in the United Arab Emirates for delivery to his counsel. Counsel has not received the documents. 7. Counsel for appellant is on vacation out of state from July 8 until July 22, 2015. Counsel is a sole practitioner and exchange of the settlement documents and payment of the consideration for the settlement cannot be completed until after July 21, 2015. 8. Appellant requests all deadlines be abated until July 31, 2015. 9. Appellees County of Guadalupe and Randall R. Smidt agree with this motion. PRAYER For these reasons, Appellant asks the court to grant this motion and abate all appellate deadlines until July 31, 2015. Respectfully submitted, LAW OFFICE OF JAMES S. FROST 113 West Gonzales Seguin, Texas 78155 Telephone: (830) 303-0404 Facsimile: (830)303-8584 ’% StateBar No. 07489500 Attorney for Appellant Abdul H. Nubani MM Page 2 of 3 CERTIFICATE OF SERVICE hereby certify that the above and foregoing document has been served upon the I following in accordance with the Texas Rules of Civil Procedure on this the 13”‘ day of July, 2015, Via electronic service: rs1nidt@yahoo.com Randall R. Smidt 1207 Bay Oaks Road Houston, Texas 77008 mtepQer@,mVbalaw.com Matthew Te'pper McCrea1y, Veselka, Bragg &‘Al1en, P.C. 700 Jeffrey Way, Suite 100 Round Rock, Texas 78665 M%fnw- 31/wwbfy» J s FROST s. /+‘w/mega; Page 3 of 3