White Lion Holdings, LLC v. State ( 2015 )

ACCEPTED
01-14-00104-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
11/9/2015 4:13:50 PM
CHRISTOPHER PRINE
CLERK
IN THE COURT OF APPEALS
FIRST DISTRICT OF TEXAS AT HOUSTON
___________________________________________________________
FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
NO. 01-14-00104-CV 11/9/2015 4:13:50 PM
CHRISTOPHER A. PRINE
___________________________________________________________
Clerk
WHITE LION HOLDINGS, L.L.C.
Appellant
vs.
THE STATE OF TEXAS
Appellee
___________________________________________________________
On Appeal from
th
The 98 District Court of Travis County, Texas
Trial Court No. D-1-GV-06-000627 and D-1-GV-13-001068
___________________________________________________________
APPELLANT’S SECOND UNOPPOSED
MOTION FOR EXTENSION OF TIME TO FILE
MOTION FOR REHEARING AND REHEARING EN BANC
Jacqueline Lucci Smith Joan Lucci Bain
TBA #: 00786073 TBA #: 01548020
LUCCI SMITH LAW PLLC BAIN & BAIN PLLC
10810 Katy Freeway, Suite 102 10810 Katy Freeway, Suite 102
Houston, Texas 77043 Houston, Texas 77043
Tel.: 832-494-1700 Tel.: 713-629-6222
Email: JLS@LucciSmithLaw.com JBain@BainandBainlaw.net
TO THE HONORABLE JUSTICES OF THE FIRST COURT OF APPEALS:
Appellant, White Lion Holdings, LLC brings this motion for extension of time
to file Motion for Rehearing and Motion for Rehearing En Banc seeking an
extension of one week in which to file the motion. The extension is not sought for
delay, but so that justice may be done.
A. September 24, 2015, this Court issued a revised opinion and revised
judgment.
B. The current deadline for filing the Motion for Rehearing and Motion for
Rehearing En Banc is November 9, 2015.
C. This Court granted two extensions for Motions for Rehearing from its
Opinion dated April 9, 2015.
D. The Court granted one previous extension for filing a motion for rehearing
regarding the September 24, 2015 opinion.
E. Appellant seeks a short extension of one week, until November 16, 2015.
F. An extension is needed for the following reasons:
a. Appellant’s counsel, Joan Lucci Bain, was preferentially set for trial
last week and was unable to work on the brief.
b. Appellant’s counsels’ brother, who is in the military and stationed
in Japan, surprised the family with a visit last week. This was his
first visit home in over a year and most of the weekend was spent
with family.
WHEREFORE, PREMISES CONSIDERED, Appellant respectfully requests
this Court grant an extension of one week to file the Motion for Rehearing and
Rehearing En Banc.
Respectfully Submitted,
LUCCI SMITH LAW PLLC
By: /s/ Jacqueline Lucci Smith
Jacqueline Lucci Smith
TBA #: 00786073
10810 Katy Freeway, Suite 102
Houston, Texas 77043
Tel.: 832-494-1700
Email: JLS@LucciSmithLaw.com
And
BAIN & BAIN PLLC
Joan Lucci Bain
TBA #: 01548020
10810 Katy Freeway, Suite 102
Houston, Texas 77043
Tel.: 713-629-6222
Email: JBain@BainandBainlaw.net
VERIFICATION
I declare under penalty of perjury that the facts contained within the foregoing
Motion for Extension of Time to file Motion for Rehearing and Motion for
Rehearing En Banc are within my knowledge and are true and correct.
/s/ Jacqueline Lucci Smith
Jacqueline Lucci Smith
CERTIFICATE OF CONFERENCE
I, undersigned counsel of record, certify that I conferred with Craig
Pritzlaff, counsel for Appellee, on November 9, 2015 and that he is not opposed to
the granting of this extension.
/s/ Jacqueline Lucci Smith
Jacqueline Lucci Smith
Ja
CERTIFICATE OF SERVICE
I certify that a copy of this Notice of Appearance of Counsel was served on
counsel for the State, Craig Pritzlaff, by email on November 9, 2015.
/s/ Jacqueline Lucci Smith
Jacqueline Lucci Smith