Kafai Lee v. Kenneth Lau, Connie Andrews, and Golden Wok, LTD. ( 2015 )

ACCEPTED 04-15-00260-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 9/28/2015 1:28:29 PM KEITH HOTTLE CLERK NO. 04-15-00260-CV FILED IN IN THE COURT OF APPEALS 4th COURT OF APPEALS FOURTH COURT OF APPEALS DISTRICTSAN ANTONIO, TEXAS SAN ANTONIO, TEXAS 9/28/2015 1:28:29 PM KEITH E. HOTTLE Clerk KAFAI LEE V. KENNETH LAU, CONNIE ANDREWS, CHINA ROSE MANAGEMENT, LLC, AND CHINA ROSE, LTD. ON APPEAL FROM THE 45TH DISTRICT COURT, BEXAR COUNTY, TEXAS CAUSE NO. 2012-CI-12940 UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ BRIEFS TO THE HONORABLE FOURTH COURT OF APPEALS: Appellees Kenneth Lau, Connie Andrews, China Rose Management, LLC, and China Rose, Ltd. respectfully present this unopposed first motion to extend time in which to file their Appellees’ Briefs pursuant to Texas Rule of Appellate Procedure 38.6. No previous motions for extension of time to file the Appellees’ Briefs have been filed. In support of this motion, Appellees would show the Court as follows: I. Appellees’ Briefs are currently due on October 5, 2015. Because of the events and matters described more fully below, Appellees request an extension of an additional 30 days in which to file their Appellees’ Briefs or until November 4, 2015. II. The requested extension is necessary because the following matters have prevented the undersigned from completing the Appellees’ Briefs and will preclude the undersigned from doing so sooner than November 4, 2015: 1. The undersigned drafted and filed the appellees’ brief in In re Jack Ikenaga, Sr., Deceased, No. 04-15-00005-CV, which was due on September 23, 2015; 2. The undersigned is lead appellate counsel in Trent Lindig v. Pleasant Hill Rocky Community Club, No. 03-15-00051-CV and is preparing a motion for rehearing, which is due on October 14, 2015; 3. The undersigned is lead appellate counsel in Hindes v. La Salle County, No. 04-14-00651-CV and is preparing a motion for rehearing, which is due on October 12, 2015; 4. The undersigned is lead appellate counsel in In re High Performance Ropes of America et al., No. 15-0422 and is preparing a reply brief in support of petition for writ of mandamus; and 5. Sylvan Lang, Jr. is out of the office attending depositions during the week of September 28, 2005, is attending hearings in Dallas and Corpus Christi during the week of October 12, 2015, and is scheduled to begin trial on October 26, 2015. 2 For all of the reasons explained above, counsel for Appellees cannot complete the Appellees’ Briefs by their current due date of October 5, 2015, and need an additional 30 days in which to do so. III. On September 21, 2015, the undersigned conferred with Todd A. Prins, counsel for Appellant. Mr. Prins indicated that Appellant would not oppose this motion. WHEREFORE, PREMISES CONSIDERED, Appellees respectfully request that this Court grant their motion for extension of time in which to file their Appellees’ Briefs, extend the deadline in which to file the brief an additional 30 days up to and including November 4, 2015, and grant such other and further relief to which Appellees may be justly and equitably entitled. 3 Respectfully submitted, /s/ Samuel V. Houston, III SAMUEL V. HOUSTON, III State Bar No. 24041135 HOUSTON DUNN, PLLC 4040 Broadway, Suite 440 San Antonio, Texas 78209 Telephone: (210) 775-0882 Facsimile: (210) 826-0075 sam@hdappeals.com SYLVAN S. LANG, JR. State Bar No. 11898700 LANG LAW FIRM, P.C. 13409 N.W. Military Hwy., Suite 210 San Antonio, Texas 78231 Telephone: (210) 479-8899 Facsimile: (210) 479-0099 sylvan@langfirm.com THOMAS G. KEMMY State Bar No. 11254600 LAW OFFICES OF THOMAS G. KEMMY 332 W. Woodlawn Ave. San Antonio, Texas 78212 Telephone: (210) 735-2233 Facsimile: (210) 736-9025 tkemmy@sbcglobal.net ATTORNEYS FOR APPELLEES 4 CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing motion has been served on the following counsel in accordance with the Texas Rules of Appellate Procedure, on this 28th day of September, 2015: Todd A. Prins via email/eservice PRINS LAW FIRM 4940 Broadway, Ste. 108 San Antonio, Texas 78209 Email: taprins@prinslaw.com /s/ Samuel V. Houston, III SAMUEL V. HOUSTON, III 5