Mikob Properties, Inc. v. Star Electricity, Inc. D/B/A Startex Power ( 2015 )

ACCEPTED
01-15-00563-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
12/23/2015 10:49:04 AM
CHRISTOPHER PRINE
CLERK
No. 01-15-00563-CV
FILED IN
1st COURT OF APPEALS
IN THE HOUSTON, TEXAS
COURT OF APPEALS 12/23/2015 10:49:04 AM
CHRISTOPHER A. PRINE
FIRST DISTRICT AT HOUSTON, TEXAS Clerk
MIKOB PROPERTIES, INC., Appellant
vs.
STAR ELECTRICITY d/b/a STARTEX POWER, Appellee
On Appeal from the 129th Judicial District Court
Harris County, Texas
Trial Court Cause No. 2011-04799
UNOPPOSED SECOND MOTION OF APPELLEE TO EXTEND TIME
TO FILE BRIEF
TO THE HONORABLE JUSTICES OF THE FIRST COURT OF APPEALS:
Appellee files this Unopposed Second Motion to Extend Time to File
Appellee’s Brief, and in support thereof, shows as follows:
1. The deadline for Appellee to file its brief is December 30, 2015.
2. Appellee requests a 40-day extension until February 8, 2016 to file its
brief. Appellee has conferred with Appellant about this request, and Appellant
agreed to a 30-day extension. However, Appellee respectfully asks for an additional
10 days due to the following.
3. Appellee’s lead attorney had to leave town to attend depositions in
another case; he does not return until after the holiday. Moreover, Appellee’s
attorneys have trial set on January 4, 2016 in Cause no. 2012-64701 in the 269th
Judicial District Court, Harris County, Texas. They also have trial set on January
25, 2016 in Cause no. 2014-03481 in the 61st Judicial District Court, Harris County,
Texas. Thus, due to the holiday travel and with the forthcoming trials, Appellee
needs additional time to file its brief.
4. While Appellant is unopposed to a 30-day extension, this would put
Appellee’s deadline on January 29, 2016. Such date falls on the same week
Appellee’s attorneys will be in trial in Cause no. 2014-03481. As such, Appellee
respectfully asks the Court for a total of 40 additional days to finalize and prepare
its appellate brief, thereby extending its deadline to February 8, 2016.
5. This is Appellee’s second request for an extension to file its brief.
II. Memorandum of Authorities
6. Tex. R. App. P. 38.6 and 10.5(b) give the Court the authority to modify
and extend the deadline to file a brief.
III. Relief Requested
Appellee respectfully requests that the Court grant its Motion and extend the
deadline to file its brief until February 8, 2016. Appellee respectfully requests such
other and further relief to which it may be entitled.
Respectfully Submitted,
McCathern, PLLC
By: /s/Veronica Montemayor
Rodney L. Drinnon
Texas Bar No. 24047841
rdrinnon@mccathernlaw.com
Andrew T. Green
Texas Bar No. 24069823
agreen@mccathernlaw.com
Veronica Montemayor
Texas Bar No. 24082368
vmontemayor@mccathernlaw.com
2000 West Loop South, Suite 2100
Houston, Texas 77027
Fax (832) 213-4842
Tel. (832) 533-8689
ATTORNEYS FOR APPELLEE
CERTIFICATE OF CONFERENCE
I hereby certify that I have contacted opposing counsel and opposing counsel
is unopposed to an extension of Appellee’s deadline to file its brief, to the extent
such extension is 30 days.
/s/Veronica Montemayor
Veronica Montemayor
CERTIFICATE OF SERVICE
I hereby certify that on this the 23rd day of December, 2015, a true and correct
copy of the foregoing Appellee’s Motion to Extend Deadline to File Brief was
served, pursuant to Texas Rules of Appellate Procedure 9.2 and 9.5, via e-file/serve.
Mark A. Sanders
11511 Katy Freeway, Suite 600
Houston, Texas 77079
mark@msanderslaw.com
/s/Veronica Montemayor
Veronica Montemayor